72. 3. 39. 9. Determinations made on capacity and medical assessments, Determination that arrangements are necessary and proportionate. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. 7. Measures taken in relation to those aged under 16. 10.In section 12(1)(b) of the Administration of Justice Act 1960... Industrial and Provident Societies Act 1965 (c. 12). It has recently received Royal assent and is now known as the Mental Capacity Act 2005. 4. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. 22. 87. Expressions with same meaning as in Mental Health Act. (1) The supervisory body may at any time carry out... (1) An eligible person may, at any time, request the... (1) Paragraphs 105 to 107 set out the grounds on... (1) Any of the following qualifying requirements is reviewable on... (1) The best interests requirement is reviewable on the ground... (1) If the supervisory body are to carry out a... To start a review of the standard authorisation, the supervisory... (1) This paragraph applies if no qualifying requirements appear to... (1) This paragraph applies if one or more qualifying requirements... (1) A review assessment is an assessment of whether the... (1) In carrying out a review assessment, the assessor must... (1) This paragraph applies in a case where—. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. 176. 5. The Act will affect people in England and Wales. Minor and consequential amendments and repeals. Relationship between review and request for new authorisation. 170. The Mental Capacity Act The Mental Capacity Act 2005 is a law that protects vulnerable people over the age of 16 around decision-making. Act you have selected contains over (1) Sub-paragraphs (2) to (6) apply if the attorney under... Part 3 Notification prior to registration. Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. 22.The supervisory body may not give a standard authorisation unless—... 23.The managing authority may not make a request for a... Duty to request authorisation: basic cases. Assessing mental capacity is an important part of a clinician’s role, and the recent Mental Capacity Act can help doctors when making such decisions #### Summary points Clinicians are often confronted with decisions about mental capacity. Supervisory bodies: determination of place of ordinary residence. 150. "DoLS protect care homes, not patients". 124. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The Mental Capacity Act 2005 is a set of laws that were passed by Parliament, which are designed to protect and give power to vulnerable people who lack the mental capacity to make their own decisions. (1) For section 26(2) of the Leasehold Reform Act 1967... 14.In section 72 of the Medicines Act 1968 (c. 67)... 15.For section 21(4) of the Family Law Reform Act 1969... Local Authority Social Services Act 1970 (c. 42). 101. (1) Sub-paragraphs (2) and (3) apply if—. Who may be affected? 47. 42. 102. Some people are able to make every decision about their own lives. 122. 26. 9. 65. Right of third party to require consideration of whether authorisation needed. (1) If the instrument which creates an enduring power of... Part 2 Action on actual or impending incapacity of donor, Duties of attorney in event of actual or impending incapacity of donor. 200 provisions and might take some time to download. (1) This Part applies if a standard authorisation—. The legislation sets out a system of supports for adults who have difficulties with decision-making capacity. This means you cannot start using the Act yet. 42. 19. 174.This Part applies for the purposes of this Schedule. (1) If the managing authority decide to give an urgent... 79.An urgent authorisation must be in writing. (1) Sub-paragraphs (2) and (3) apply where an instrument which... Further protection of attorney and third persons. The first date in the timeline will usually be the earliest date when the provision came into force. 39. Easy Read Guide to mental capacity and finance. 129. 69. (1) “ Hospital ” means— (a) an NHS hospital, or... (1) “ Managing authority ”, in relation to an NHS... “ Managing authority ”, in relation to an independent hospital,... “Care home” means— (a) a care home in England within... “ Managing authority ”, in relation to a care home,... (1) The identity of the supervisory body is determined under... (1) Subsections (5) and (6) of section 24 of the... (1) This paragraph applies if, in connection with a particular... Each of the following is an interested person—. 12. What is the Mental Capacity Act? 30. 8. 23. 84. (1) A standard authorisation may not be varied except in... Effect of decision about request made under paragraph 25 or 30. The relevant person meets the no refusals requirement unless there... (1) There is a refusal if these conditions are met—... (1) There is a refusal if it would be in... Only the supervisory body may give a standard authorisation. 16. (1) The managing authority must request a standard authorisation in... Duty to request authorisation: change in place of detention. 49. This means you cannot start using the Act yet. 70. 67.Minor and consequential amendments and repeals, Hospital and care home residents: deprivation of liberty, Part 1 Authorisation to deprive residents of liberty etc. For the purposes of this Part there is a change... (1) The new supervisory body becomes the supervisory body in... (1) This Part applies if a standard authorisation—. 2. Published: 18 Oct 2005. Relationship between review and suspension under Part 6. (1) In determining whether P objects, regard must be had... 53.Mental health arrangements: the hospital treatment regime, 54.Mental health arrangements: other definitions. 16. 42. Any changes that have already been made by the team appear in the content and are referenced with annotations. 19. 15. 8. 89. 106. The Mental Capacity Act 2005, covering England and Wales, provides a statutory framework for people who lack capacity to make decisions for themselves, or who have capacity and want to make preparations for a time when they may lack capacity in the future. 86. (1) An authorisation ceases to have effect (if not renewed)—... 30.Notification that arrangements have ceased to have effect, 31.Authorisation coming to an end early: arrangements to be treated as authorised, 33.The responsible body may renew an authorisation—, 34.The conditions in this paragraph are that—, 35.The conditions in this paragraph are that—. 66.Existing receivers and enduring powers of attorney etc. Any changes that have already been made by the team appear in the content and are referenced with annotations. Most people can make decisions on their own but other people might need help to make important decisions. The Whole 28. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. The Whole Act you have selected contains over 200 provisions and might take some time to download. Treatment for mental disorder in a hospital. The power under paragraph 165 or paragraph 166 to give... Any notice under this Schedule must be in writing. Disability Discrimination Act 1995 (c. 50). Mental Capacity Act 2005 - A Summary Mental capacity means being able to make your own decisions The Mental Capacity Act 2005 will help people to make their own decisions. 10. (1) This paragraph applies where a will is executed in... Vesting orders ancillary to settlement etc. long time to run. (1) This paragraph applies for the purposes of paragraph 25.... Other authority for detention: request for authorisation. It is not clear as yet when the Act will come into force and further legislative procedure is still required. 12. (1) This paragraph applies to regulations under paragraph 129(3). (1) This paragraph applies in cases D and E in... 6.This Part applies for the purposes of this Schedule. 183. 78. 5. (1) If— (a) an instrument framed in a form prescribed... Part 7 Joint and joint and several attorneys, Application to joint and joint and several attorneys. 159. 4. 55. This date is our basedate. Instrument not made properly or containing ineffective provision. This booklet aims to give you information about how human rights can help you to have more control over your own life and be treated with dignity and respect. You 50. Provisions applying to existing enduring powers of attorney, Enduring power of attorney to survive mental incapacity of donor. (1) Directions under paragraph 165 must be given in regulations.... 168.The power under paragraph 165 or paragraph 166 to give... 169.Any notice under this Schedule must be in writing. Those changes will be listed when you open the content using the Table of Contents below. 52. 27. It is law. Its primary purpose is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity to make particular decisions for themselves. 20. 3. This paragraph applies if P is subject to—. (1) Regulations may make provision about the circumstances in which... 151.Regulations may make provision for payments to be made to,... 152.The provisions of this Part which specify provision that may... Effect of appointment of section 39C IMCA. (1) The Insolvency Act 1986 (c. 45) is amended as... 32.In section 102D(9) of the Building Societies Act 1986 (c.... Public Trustee and Administration of Funds Act 1986 (c. 57). (1) Where an individual has created a power of attorney... Characteristics of an enduring power of attorney. Mental Capacity Act 2005 (c. 9) Part 1 – Persons who lack capacity Document Generated: 2021-02-01 3 Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Mental Capacity Act 2005. 16. 180. 1. 51. 14. Sign in 62. 3) is amended... Courts and Legal Services Act 1990 (c. 41). The Mental Capacity Act 2005 and its accompanying Codes of Practice continue to have a huge impact on mental health professionals working with some of the most vulnerable people throughout England and Wales. 24. 11. The Mental Capacity Act 2005 (c 9) is an Act of the Parliament of the United Kingdom applying to England and Wales. The Mental Capacity Act is about All content is available under the Open Government Licence v3.0, except where otherwise stated, Mental Capacity (Amendment) Bill: easy read, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases. The managing authority may not make a request for a... (1) The managing authority must request a standard authorisation in... (1) The relevant managing authority must request a standard authorisation... (1) This paragraph applies for the purposes of paragraph 25.... (1) This paragraph applies if, by virtue of section 4A(3),... (1) This paragraph applies if— (a) a managing authority request... (1) This paragraph applies if a standard authorisation—. 12. 29. Use this menu to access essential accompanying documents and information for this legislation item. 112. 13. 64. 175. BMJ. Registration of instrument creating power. 38. 12. 31. 1. 53. Deprivation of liberty necessary for life-sustaining treatment or vital act, Carrying out of authorised arrangements giving rise to deprivation of liberty, Acts in connection with care or treatment, Scope of lasting powers of attorney: gifts. 10. Being unable to make a decision is called “lacking capacity”. (1) This paragraph applies if a standard authorisation—. 135. The Act will affect people in England and Wales. In this Part, in relation to an assessment under this... (1) It is for the supervisory body to select a... (1) This paragraph applies to regulations under paragraph 129(3). 15. 162. See our full list of legal terms. For further information see the Editorial Practice Guide and Glossary under Help. 11. 141. Requirements as to content of instruments. 91. 3. 2. It wants to make changes because the rules are hard to understand and don’t work very well. 347: f5595. The Mental Capacity Act is a law about making decisions and what to do when people cannot make some decisions for themselves. More … The duties with which the best interests assessor must comply... An eligibility assessment is an assessment of whether the relevant... (1) Regulations may— (a) require an eligibility assessor to request... A no refusals assessment is an assessment of whether the... (1) The supervisory body are not required by paragraph 33... (1) The supervisory body must give a standard authorisation if—... (1) If the supervisory body are required to give a... A standard authorisation may provide for the authorisation to come... (1) A standard authorisation may be given subject to conditions.... A standard authorisation must be in writing. 11. 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. 51. 19. 40. Social Care Institute for Excellence (SCIE). The Mental Capacity Act (MCA) is designed to protect and empower people who may lack the mental capacity to make their own decisions about their care and … 184. We have developed an easy read guide for people with learning disabilities and their families around mental capacity and finances. 46. There are outstanding changes not yet made by the legislation.gov.uk editorial team to Mental Capacity Act 2005. 14.Protection of donee and others if no power created or power revoked, General powers of the court and appointment of deputies, 16.Powers to make decisions and appoint deputies: general, 16A.Section 16 powers: Mental Health Act patients etc, 18.Section 16 powers: property and affairs, 21.Transfer of proceedings relating to people under 18, Powers of the court in relation to Schedule AA1, 21ZA.Powers of court in relation to Schedule AA1, Powers of the court in relation to Schedule A1, 21A.Powers of court in relation to Schedule A1, Powers of the court in relation to lasting powers of attorney, 22.Powers of court in relation to validity of lasting powers of attorney, 23.Powers of court in relation to operation of lasting powers of attorney, 24.Advance decisions to refuse treatment: general, 25.Validity and applicability of advance decisions, 34.Loss of capacity during research project, Independent mental capacity advocate service, 35.Appointment of independent mental capacity advocates, 36.Functions of independent mental capacity advocates, 37.Provision of serious medical treatment by NHS body, 38.Provision of accommodation by NHS body, 39.Provision of accommodation by local authority, 39A.Person becomes subject to Schedule A1, 39C.Person unrepresented whilst subject to Schedule A1, 39D.Person subject to Schedule A1 without paid representative, 39E.Limitation on duty to instruct advocate under section 39D, 41.Power to adjust role of independent mental capacity advocate, Part 2 The Court of Protection and the Public Guardian. 164. 71. The Mental Capacity Act 2005 is the law that tells you what you can do to plan ahead in case you can't make decisions for yourself, how you can ask someone else to make decisions for you and who can make decisions for you if you haven't planned ahead. 161. Some people are able to make some decisions. An easy read short introduction to the Mental Health (Care and Treatment) (Scotland) Act 2003. (1) This Part applies if the following conditions are met.... 2.The managing authority of the hospital or care home may... No liability for acts done for purpose of depriving P of liberty. 17. (1) P is within the scope of the Mental Health... Authorised course of action, relevant care or treatment & relevant instrument. 4. 7.In section 1 of the U.S.A. Veterans' Pensions (Administration) Act... 8.In Schedule 2 to the Intestates' Estates Act 1952 (c.... 9.In section 1 of the Variation of Trusts Act 1958... Administration of Justice Act 1960 (c. 65). You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. The Mental Capacity Act 2005 is a law that affects people age 16 or over, who are not able to make decisions for themselves. It also has case studies and explains in more detail what the key features of the law are. Act you have selected contains over The code of practice which provides guidance on how the Mental Capacity Act 2005 (Act) works on a day-to-day basis. 123. 33.In section 3 of the Public Trustee and Administration of... Patronage (Benefices) Measure 1986 (No.3). Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. Mental Capacity Act 2005 A Summary The Mental Capacity Act 2005 will help people to make their own decisions.
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