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Mental Capacity Act 2005

2005 CHAPTER 9

CONTENTS

Go to Preamble

  1. Part 1

    Persons who lack capacity

    1. The principles

      1. 1. The principles

    2. Preliminary

      1. 2. People who lack capacity

      2. 3. Inability to make decisions

      3. 4. Best interests

      4. 5. Acts in connection with care or treatment

      5. 6. Section 5 acts: limitations

      6. 7. Payment for necessary goods and services

      7. 8. Expenditure

    3. Lasting powers of attorney

      1. 9. Lasting powers of attorney

      2. 10. Appointment of donees

      3. 11. Lasting powers of attorney: restrictions

      4. 12. Scope of lasting powers of attorney: gifts

      5. 13. Revocation of lasting powers of attorney etc.

      6. 14. Protection of donee and others if no power created or power revoked

    4. General powers of the court and appointment of deputies

      1. 15. Power to make declarations

      2. 16. Powers to make decisions and appoint deputies: general

      3. 17. Section 16 powers: personal welfare

      4. 18. Section 16 powers: property and affairs

      5. 19. Appointment of deputies

      6. 20. Restrictions on deputies

      7. 21. Transfer of proceedings relating to people under 18

    5. Powers of the court in relation to lasting powers of attorney

      1. 22. Powers of court in relation to validity of lasting powers of attorney

      2. 23. Powers of court in relation to operation of lasting powers of attorney

    6. Advance decisions to refuse treatment

      1. 24. Advance decisions to refuse treatment: general

      2. 25. Validity and applicability of advance decisions

      3. 26. Effect of advance decisions

    7. Excluded decisions

      1. 27. Family relationships etc.

      2. 28. Mental Health Act matters

      3. 29. Voting rights

    8. Research

      1. 30. Research

      2. 31. Requirements for approval

      3. 32. Consulting carers etc.

      4. 33. Additional safeguards

      5. 34. Loss of capacity during research project

    9. Independent mental capacity advocate service

      1. 35. Appointment of independent mental capacity advocates

      2. 36. Functions of independent mental capacity advocates

      3. 37. Provision of serious medical treatment by NHS body

      4. 38. Provision of accommodation by NHS body

      5. 39. Provision of accommodation by local authority

      6. 40. Exceptions

      7. 41. Power to adjust role of independent mental capacity advocate

    10. Miscellaneous and supplementary

      1. 42. Codes of practice

      2. 43. Codes of practice: procedure

      3. 44. Ill-treatment or neglect

  2. Part 2

    The Court of Protection and the Public Guardian

    1. The Court of Protection

      1. 45. The Court of Protection

      2. 46. The judges of the Court of Protection

    2. Supplementary powers

      1. 47. General powers and effect of orders etc.

      2. 48. Interim orders and directions

      3. 49. Power to call for reports

    3. Practice and procedure

      1. 50. Applications to the Court of Protection

      2. 51. Court of Protection Rules

      3. 52. Practice directions

      4. 53. Rights of appeal

    4. Fees and costs

      1. 54. Fees

      2. 55. Costs

      3. 56. Fees and costs: supplementary

    5. The Public Guardian

      1. 57. The Public Guardian

      2. 58. Functions of the Public Guardian

      3. 59. Public Guardian Board

      4. 60. Annual report

    6. Court of Protection Visitors

      1. 61. Court of Protection Visitors

  3. Part 3

    Miscellaneous and general

    1. Declaratory provision

      1. 62. Scope of the Act

    2. Private international law

      1. 63. International protection of adults

    3. General

      1. 64. Interpretation

      2. 65. Rules, regulations and orders

      3. 66. Existing receivers and enduring powers of attorney etc.

      4. 67. Minor and consequential amendments and repeals

      5. 68. Commencement and extent

      6. 69. Short title

    1. Schedule 1

      Lasting powers of attorney: formalities

      1. Part 1

        Making instruments

      2. Part 2

        Registration

      3. Part 3

        Cancellation of registration and notification of severance

      4. Part 4

        Records of alterations in registered powers

    2. Schedule 2

      Property and affairs: supplementary provisions

    3. Schedule 3

      International protection of adults

      1. Part 1

        Preliminary

      2. Part 2

        Jurisdiction of competent authority

      3. Part 3

        Applicable law

      4. Part 4

        Recognition and enforcement

      5. Part 5

        Co-operation

      6. Part 6

        General

    4. Schedule 4

      Provisions applying to existing enduring powers of attorney

      1. Part 1

        Enduring powers of attorney

      2. Part 2

        Action on actual or impending incapacity of donor

      3. Part 3

        Notification prior to registration

      4. Part 4

        Registration

      5. Part 5

        Legal position after registration

      6. Part 6

        Protection of attorney and third parties

      7. Part 7

        Joint and joint and several attorneys

      8. Part 8

        Interpretation

    5. Schedule 5

      Transitional provisions and savings

      1. Part 1

        Repeal of Part 7 of the Mental Health Act 1983

      2. Part 2

        Repeal of the Enduring Powers of Attorney Act 1985

    6. Schedule 6

      Minor and consequential amendments

    7. Schedule 7

      Repeals

An Act to make new provision relating to persons who lack capacity; to establish a superior court of record called the Court of Protection in place of the office of the Supreme Court called by that name; to make provision in connection with the Convention on the International Protection of Adults signed at the Hague on 13th January 2000; and for connected purposes.

[7th April 2005]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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