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Decision-making and mental capacity - guidelines

The Council for Disabled Children have published the Decision-making and mental capacity NICE guidelines.

This new guideline from NICE sets out clear recommendations across a range of areas:

  • Supporting decision-making
  • Advance care planning
  • Assessment of mental capacity
  • Best interests decision-making

It aims to help those working directly with young people and adults aged over 16 to support them to make their own decisions where they have the capacity to do so and to keep people who lack capacity at the centre of the decision-making process.  This guideline should be read in conjunction with the Mental Capacity Act 2005. It is not a substitute for the law or relevant Codes of Practice.

The Mental Capacity Act 2005 applies to everyone over the age of 16 and this guideline focuses on decision making for people who may lack capacity now or in the future.

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