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Mental Capacity Act 2005 by Mind Map: Mental Capacity Act 2005
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Mental Capacity Act 2005


Full text

A new Court of Protection

The Act replaces all of Part 7 of the MHA 1983

Replaces all of the Enduring Powers of Attorney Act 1985

Checklist for determining best interests

Liability for actions in connection with care of persons without capacity

sets out rules about advance decisions to refuse medical treatment

new safeguards controlling many types of research involving people who lack capacity.

Key features

Part 1 People who lack capacity

Part 2 Court of Protection and the Public Guardian

Part 3 Miscellaneous and General

Section 1: The principles

persons assumed to have capacity unless it is established that there is a lack of capacity

person not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success.

person is not to be treated as unable to make a decision merely because he makes an unwise decision.

An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests.

Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person's rights and freedom of action.

Section 2: People who lack capacity

Section 3: Inability to make decisions

Inability if unable -

Ability to understand


Section 4. Best Interests

Must consider

Take into account

S4(4)Must act

S4(5) Prohibition

Section 9 - 14: Lasting Powers of Attorney

Clear statutory procedures for donor and donee

Powers may be granted to one or more legal persons

S 11- Clear statement of restrictions

S12 Gifts

S13 - Revocation

S14 - Protections for donee and others