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Royal ArmsMental Capacity Act 2005

2005 Chapter 9


 

© Crown Copyright 2005

Acts of Parliament printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Acts of Parliament does not extend to the Queen's Printer imprints which should be removed from any copies of the Act which are issued or made available to the public. This includes reproduction of the Act on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Act is published by the Queen's Printer of Acts of Parliament and has been prepared to reflect the text as it received Royal Assent. A print version is also available and is published by The Stationery Office Limited as the Mental Capacity Act 2005, ISBN 0 10 540905 7.

 

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.


  
Mental Capacity Act 2005

2005 Chapter 9

 
 
 
CONTENTS

PART 1
PERSONS WHO LACK CAPACITY
The principles
Section 
1The principles

Preliminary
2People who lack capacity
3Inability to make decisions
4Best interests
5Acts in connection with care or treatment
6Section 5 acts: limitations
7Payment for necessary goods and services
8Expenditure

Lasting powers of attorney
9Lasting powers of attorney
10Appointment of donees
11Lasting powers of attorney: restrictions
12Scope of lasting powers of attorney: gifts
13Revocation of lasting powers of attorney etc.
14Protection of donee and others if no power created or power revoked

General powers of the court and appointment of deputies
15Power to make declarations
16Powers to make decisions and appoint deputies: general
17Section 16 powers: personal welfare
18Section 16 powers: property and affairs
19Appointment of deputies
20Restrictions on deputies
21Transfer of proceedings relating to people under 18

Powers of the court in relation to lasting powers of attorney
22Powers of court in relation to validity of lasting powers of attorney
23Powers of court in relation to operation of lasting powers of attorney

Advance decisions to refuse treatment
24Advance decisions to refuse treatment: general
25Validity and applicability of advance decisions
26Effect of advance decisions

Excluded decisions
27Family relationships etc.
28Mental Health Act matters
29Voting rights

Research
30Research
31Requirements for approval
32Consulting carers etc.
33Additional safeguards
34Loss of capacity during research project

Independent mental capacity advocate service
35Appointment of independent mental capacity advocates
36Functions of independent mental capacity advocates
37Provision of serious medical treatment by NHS body
38Provision of accommodation by NHS body
39Provision of accommodation by local authority
40Exceptions
41Power to adjust role of independent mental capacity advocate

Miscellaneous and supplementary
42Codes of practice
43Codes of practice: procedure
44Ill-treatment or neglect

PART 2
THE COURT OF PROTECTION AND THE PUBLIC GUARDIAN
The Court of Protection
45The Court of Protection
46The judges of the Court of Protection

Supplementary powers
47General powers and effect of orders etc.
48Interim orders and directions
49Power to call for reports

Practice and procedure
50Applications to the Court of Protection
51Court of Protection Rules
52Practice directions
53Rights of appeal

Fees and costs
54Fees
55Costs
56Fees and costs: supplementary

The Public Guardian
57The Public Guardian
58Functions of the Public Guardian
59Public Guardian Board
60Annual report

Court of Protection Visitors
61Court of Protection Visitors

PART 3
MISCELLANEOUS AND GENERAL
Declaratory provision
62Scope of the Act

Private international law
63International protection of adults

General
64Interpretation
65Rules, regulations and orders
66Existing receivers and enduring powers of attorney etc.
67Minor and consequential amendments and repeals
68Commencement and extent
69Short title
 

 
    Schedule 1-Lasting powers of attorney: formalities
    Part 1-Making instruments
    Part 2-Registration
    Part 3-Cancellation of registration and notification of severance
    Part 4-Records of alterations in registered powers
    Schedule 2-Property and affairs: supplementary provisions
    Schedule 3-International protection of adults
    Part 1-Preliminary
    Part 2-Jurisdiction of competent authority
    Part 3-Applicable law
    Part 4-Recognition and enforcement
    Part 5-Co-operation
    Part 6-General
    Schedule 4-Provisions applying to existing enduring powers of attorney
    Part 1-Enduring powers of attorney
    Part 2-Action on actual or impending incapacity of donor
    Part 3-Notification prior to registration
    Part 4-Registration
    Part 5-Legal position after registration
    Part 6-Protection of attorney and third parties
    Part 7-Joint and joint and several attorneys
    Part 8-Interpretation
    Schedule 5-Transitional provisions and savings
    Part 1-Repeal of Part 7 of the Mental Health Act 1983
    Part 2-Repeal of the Enduring Powers of Attorney Act 1985
    Schedule 6-Minor and consequential amendments
    Schedule 7-Repeals
 


 continue
 
 
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© Crown copyright 2005
Prepared 13 April 2005

Mental Capacity Act 2005 is reproduced under the terms of Crown Copyright Policy Guidance issued by HMSO.
Publishing Rights: Coddan CPM Core Licence (HMSO) number is C02W0007897 issued on 25 November 2005 by HMSO Licensing Division (Core Licence.pdf Licence to reproduce public sector information).

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