Mental Capacity Act 2005 (MCA)
Some people who are not detained under the MHA but have difficulty making decisions may be subject to the provisions of the Mental Capacity Act (MCA).
Having mental capacity means being able to make your own decisions about something.
If you are assessed to not have capacity to make a particular decision, the care team will refer to any Advance Decision to Refuse Treatment (ADRT) that you may have made, and find out if there is someone whom you have granted powers to make decisions on your behalf under a Lasting Power of Attorney (LPA).
If there is no relevant ADRT or LPA in place, then the MCA allows the care team to make a decision for you and act in your best interest to prevent harm. If the MCA applies then in certain circumstances staff maybe able to prevent you from doing some of the things you may seem to want to do, including leaving the ward.
If the care team consider they are depriving you of your liberty they will apply the Deprivation of Liberty procedures within the Mental Capacity Act. Staff are trained in issues of mental capacity and have information they will be happy to share with you and/or your family.