Which law governs mental capacity in the UK?

• A. Mental Health Act 1983
• B. Mental Capacity Act 2005
• C. Human Rights Act 1998
• D. Data Protection Act 2018

Answer: (B)

Mental capacity in the UK is governed by the Mental Capacity Act 2005. It applies to adults who may lack the ability to make specific decisions about their health and care, including dental treatment. The Act starts with a presumption of capacity, requires support to help people make their own choices, and if a decision cannot be made, it requires decisions to be made in the person’s best interests. It uses a decision-specific test: can the person understand the information, retain it, weigh it up, and communicate their decision? If capacity isn’t present for that decision, any action must be in the person’s best interests and least restrictive of their rights. It also covers arrangements for others to make decisions on their behalf, such as lasting power of attorney or deputyship for financial or welfare matters. The other acts listed relate to different areas (Mental Health Act 1983 covers detention and treatment for mental illness; Human Rights Act 1998 deals with rights in general; Data Protection Act 2018 deals with privacy), rather than capacity assessment rules.