Mental Capacity Act 2005 Overview

The full text of the Act is available here: Mental Capacity Act 2005. See also: Mental Capacity Act 2005 Explanatory Notes.

This overview page contains links to useful resources on the Mental Capacity Act 2005, which came into force on 1/10/07. [It was written soon after the Act came into force, so may be partly out of date, and some of the external links may no longer work.]

The provisions of the Act

Category:Mental Capacity Act 2005 provisions

See also:

Secondary legislation

Commencement orders

Category:Mental Capacity Act 2005 commencement orders

The Act came fully into force on 1/10/07 (see Mental Capacity Act 2005 in-force dates for detail).

Deprivation of Liberty

Category:Mental Capacity Act 2005 secondary legislation - DOLS

See also: Welsh Assembly Government response to consultation on the draft regulations relating to Deprivation of Liberty Safeguards of the Mental Capacity Act 2005 - February 2009

IMCA

Category:Mental Capacity Act 2005 secondary legislation - IMCA

Research

Category:Mental Capacity Act 2005 secondary legislation - Research

Public Guardian and Court of Protection

Category:Mental Capacity Act 2005 secondary legislation - Public Guardian and Court of Protection

Other

Category:Mental Capacity Act 2005 secondary legislation - Other

Legislation updates

For legislation updates, see:

Government bodies

The following state bodies are responsible for implementing the Act:

  • Mental Capacity page. This contains links to the following three pages, which are updated fairly regularly:
  • OPG website - This well-structured website contains the following sections: About the Public Guardian, Making arrangements for yourself, I have concerns for another person, Making decisions for someone else, Mental Capacity Act and Forms and booklets.

See also:

Training materials

  • Mental Capacity Act 2005: training materials - "During May 2007 the Department of Health, in partnership with the Welsh Assembly Government and the Social Care Institute for Excellence (SCIE), is publishing five sets of training materials to support the implementation of the Mental Capacity Act 2005." (DH)

Summaries and updates

In addition to the official Mental Capacity Act 2005 Explanatory Notes, the following may be useful:

Other external links

  • Mental Health Foundation, 'Mental Capacity and the Mental Capacity Act 2005 - A literature review' (August 2012). Their summary: 'This literature review was carried out to collate academic literature relating to mental capacity issues and to the implementation of the Mental Capacity Act 2005. Mental capacity is the ability to make one’s own decisions. The Mental Capacity Act (MCA), which came into force in 2007 and covers England and Wales, provides a statutory framework for supporting people to make decisions for themselves wherever possible as well as processes and safeguards for decision-making involving people who lack capacity to make their own decisions because of illness, injury or disability. This review has collated a broad range of literature investigating various issues relating to mental capacity and the implementation of the MCA with the aim of identifying consistent themes, problem areas and any gaps in the existing literature. The largest proportion of literature relating to the MCA in England and Wales relates more specifically to issues with older people and people who have dementia.'

INFORMATION




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