Mental Capacity Act 2005 (as amended)
Edit/add commentary to this page Law as at 1/5/09
Part I contents: 1, 2, 3, 4, 4A, 4B, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 16A, 17, 18, 19, 20, 21, 21A, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 39A, 39B, 39C, 39D, 39E, 40, 41, 42, 43, 44
All Parts: I, II, III, Schedules
Without commentary: Plain text, SLD
The Mental Capacity Act has been in force since 1/10/07. The Mental Capacity Act 2005 has been amended by the Mental Health Act 2007 by the introduction of deprivation of liberty safeguards for 'Bournewood' patients; these amendments came into force in April 2009 (see Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005). Feel free to add commentary to the pages. However, to help ensure reliability, it is not possible to edit the text of the Act itself. See also: Mental Capacity Act 2005 Explanatory Notes.
MCA 2005 s1 - The principles
MCA 2005 s2 - People who lack capacity
MCA 2005 s3 - Inability to make decisions
MCA 2005 s4 - Best interests
MCA 2005 s4A - Restriction on deprivation of liberty [to be inserted by Mental Health Act 2007]
MCA 2005 s4B - Deprivation of liberty necessary for life-sustaining treatment etc [to be inserted by Mental Health Act 2007]
MCA 2005 s5 - Acts in connection with care or treatment
MCA 2005 s6 - Section 5 acts: limitations
MCA 2005 s7 - Payment for necessary goods and services
MCA 2005 s8 - Expenditure
MCA 2005 s9 - Lasting powers of attorney
MCA 2005 s10 - Appointment of donees
MCA 2005 s11 - Lasting powers of attorney: restrictions
MCA 2005 s12 - Scope of lasting powers of attorney: gifts
MCA 2005 s13 - Revocation of lasting powers of attorney etc.
MCA 2005 s14 - Protection of donee and others if no power created or power revoked
MCA 2005 s15 - Power to make declarations
MCA 2005 s16 - Powers to make decisions and appoint deputies: general
MCA 2005 s16A - Section 16 powers: Mental Health Act patients etc [to be inserted by Mental Health Act 2007]
MCA 2005 s17 - Section 16 powers: personal welfare
MCA 2005 s18 - Section 16 powers: property and affairs
MCA 2005 s19 - Appointment of deputies
MCA 2005 s20 - Restrictions on deputies
MCA 2005 s21 - Transfer of proceedings relating to people under 18
MCA 2005 s21A - Powers of the court in relation to Schedule A1
MCA 2005 s22 - Powers of court in relation to validity of lasting powers of attorney
MCA 2005 s23 - Powers of court in relation to operation of lasting powers of attorney
MCA 2005 s24 - Advance decisions to refuse treatment: general
MCA 2005 s25 - Validity and applicability of advance decisions
MCA 2005 s26 - Effect of advance decisions
MCA 2005 s27 - Family relationships etc.
MCA 2005 s28 - Mental Health Act matters
MCA 2005 s29 - Voting rights
MCA 2005 s30 - Research
MCA 2005 s31 - Requirements for approval
MCA 2005 s32 - Consulting carers etc.
MCA 2005 s33 - Additional safeguards
MCA 2005 s34 - Loss of capacity during research project
MCA 2005 s35 - Appointment of independent mental capacity advocates
MCA 2005 s36 - Functions of independent mental capacity advocates
MCA 2005 s37 - Provision of serious medical treatment by NHS body
MCA 2005 s38 - Provision of accommodation by NHS body
MCA 2005 s39 - Provision of accommodation by local authority
MCA 2005 s39A - Person becomes subject to Schedule A1
MCA 2005 s39B - Section 39A: supplementary provision
MCA 2005 s39C - Person unrepresented whilst subject to Schedule A1
MCA 2005 s39D - Person subject to Schedule A1 without paid representative
MCA 2005 s39E - Limitation on duty to instruct advocate under s39D
MCA 2005 s40 - Exceptions
MCA 2005 s41 - Power to adjust role of independent mental capacity advocate
MCA 2005 s42 - Codes of practice
MCA 2005 s43 - Codes of practice: procedure
MCA 2005 s44 - Ill-treatment or neglect
MCA 2005 s45 - The Court of Protection
MCA 2005 s46 - The judges of the Court of Protection
MCA 2005 s47 - General powers and effect of orders etc.
MCA 2005 s48 - Interim orders and directions
MCA 2005 s49 - Power to call for reports
MCA 2005 s50 - Applications to the Court of Protection
MCA 2005 s51 - Court of Protection Rules
MCA 2005 s52 - Practice directions
MCA 2005 s53 - Rights of appeal
MCA 2005 s54 - Fees
MCA 2005 s55 - Costs
MCA 2005 s56 - Fees and costs: supplementary
MCA 2005 s57 - The Public Guardian
MCA 2005 s58 - Functions of the Public Guardian
MCA 2005 s59 - Public Guardian Board
MCA 2005 s60 - Annual report
MCA 2005 s61 - Court of Protection Visitors
MCA 2005 s62 - Scope of the Act
MCA 2005 s63 - International protection of adults
MCA 2005 s64 - Interpretation
MCA 2005 s65 - Rules, regulations and orders
MCA 2005 s66 - Existing receivers and enduring powers of attorney etc.
MCA 2005 s67 - Minor and consequential amendments and repeals
MCA 2005 s68 - Commencement and extent
MCA 2005 s69 - Short title
MCA 2005 sch A1 - Hospital and care home residents: deprivation of liberty
MCA 2005 sch 1 - Lasting powers of attorney: formalities
MCA 2005 sch 1A - Persons ineligible to be deprived of liberty by this Act
MCA 2005 sch 3 - International protection of adults
MCA 2005 sch 4 - Provisions applying to existing enduring powers of attorney
MCA 2005 sch 5 - Transitional provisions and savings
MCA 2005 sch 6 - Minor and consequential amendments
MCA 2005 sch 7 - Repeals
Mental Capacity Act 2005 Explanatory Notes
Schedule 7 repeals MHA 1983 Part VII, and partially repeal s139, s145, s146, s147, sched 4 and sched 5 MHA 1983, from 1/10/07: Mental Capacity Act 2005 (Commencement No.2) Order 2007.