159. (1) The records of the former Court of Protection are... 7.This Act does not affect the operation in relation to... Preservation of interests on disposal of property. You need an attorney if you are unable to make such decisions yourself. 81. (1) P is within the scope of the Mental Health... Authorised course of action, relevant care or treatment & relevant instrument. 11. 160. (1) This paragraph applies if, in connection with a particular... 185.Each of the following is an interested person—. Assessments to stop if any comes to negative conclusion. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. 91. References are available on request. 29. 164. (1) The Judicial Pensions and Retirement Act 1993 (c. 8)... Leasehold Reform, Housing and Urban Development Act 1993 (c. 28). The Act covers important decisions relating to an individual's property, financial affairs, health and social care. Inquiry on . 124. 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). 19. (1) This paragraph applies in cases B and C in... P objects to being a mental health patient etc. There may be changes and effects to this Legislation not yet recorded or applied to the text. 117. See our full list of legal terms. 13. 182. If you can’t make decisions for yourself because you don’t have the mental capacity to make them, the Mental Capacity Act 2005 tells you what you can do to plan ahead, how you can ask someone else to make decisions for you and who can make decisions for you if you haven't planned ahead. 30. It doesn't apply to children unless specifically stated. (1) A standard authorisation may not be varied except in... Effect of decision about request made under paragraph 25 or 30. 135. (1) This paragraph applies if an urgent authorisation ceases to... Part 6 Eligibility requirement not met: suspension of standard authorisation. 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. 9. 13. (1) The Law of Property Act 1925 (c. 20) is... Administration of Estates Act 1925 (c. 23). (1) Any function under the Convention of a Central Authority... Part 2 Jurisdiction of competent authority. This page is currently under review. 110. (1) This paragraph applies if no qualifying requirements appear to... One or more reviewable qualifying requirements. 12. 4. The Mental Capacity Act 2005 came into force in England and Wales in 2007. 19. 64. Trusts of Land and Appointment of Trustees Act 1996 (c. 47). (1) A statement for the purposes of paragraph 35(a) is... Part 4 Approved Mental Capacity Professionals. Support to make a decision. 90. Guidance on the Act will be provided in a Code … 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). 42. Functions of court with regard to registered power. 166. 8. (1) The Solicitors Act 1974 (c. 47) is amended as... Local Government (Miscellaneous Provisions) Act 1976 (c. 57). Revocation of lasting powers of attorney etc. 3. The power under paragraph 165 or paragraph 166 to give... Any notice under this Schedule must be in writing. Therefore, those drafting the Mental Capacity Act plainly rejected the notion of ‘substituted judgment’ and took on board Thorpe LJ’s hope of a statutory checklist. 58. Those changes will be listed when you open the content using the Table of Contents below. 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. No changes have been applied to the text. It enables people to plan ahead for a time when they may lose capacity. (1) This paragraph applies if— (a) a review under this... 125.In paragraphs 123 and 124— (a) the existing authorisation is... 126.This Part contains provision about assessments under this Schedule. October 2015. 47.This paragraph applies if— (a) P is subject to the... 48.This paragraph applies if— (a) P is subject to the... 49.This paragraph applies if P is subject to—. 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. 33. A deputy usually makes decisions about finances and property. 14. 103. of attorney under enduring power. Abstract. We're here to provide information and support. 82. Right of third party to require consideration of whether authorisation needed. 20. 7. 141. See our useful contacts page for organisations which may be able to help. You may lose mental capacity because of your mental illness. 1.Paragraphs 2 to 4 apply in relation to the execution... 2.The will may make any provision (whether by disposing of... Wills: requirements relating to execution. Any changes that have already been made by the team appear in the content and are referenced with annotations. Values-based medicine is drawn on to explore the process of capacity assessment, highlighting the presence of preconceptions throughout assessment. Central to the Mental Capacity Act 2005 (MCA) is the claim that a conferral of incapacity may not be based on the wisdom of a decision alone. B. Mental health arrangements: the hospital treatment regime, Mental health arrangements: other definitions. (1) The appropriate authority may by regulations—, 41.Appointment of Independent Mental Capacity Advocate. This Part contains provision about assessments under this Schedule. 2006. People who have Learning Disabilites. (1) A notice under paragraph 6 must be made in... Power to dispense with notification requirements. © 2021 Mind We're a registered charity in England (no. 200 provisions and might take some time to download. 'Capacity' means the ability to understand information and make decisions about your life. An urgent authorisation must state the following things—. 2. (1) This paragraph applies for the purposes of paragraph 25.... Other authority for detention: request for authorisation. 44. (1) A statement for the purposes of paragraph 19(a) is... 21.Determinations made on capacity and medical assessments, 22.Determination that arrangements are necessary and proportionate. Section 39A IMCA: restriction of functions. 8. Any changes that have already been made by the team appear in the content and are referenced with annotations. (1) There is a refusal if it would be in... 21.Only the supervisory body may give a standard authorisation. 3. The Mental Capacity Act 2005 is a law that protects vulnerable people over the age of 16 around decision-making. It is for the National Assembly for Wales to make... (1) This paragraph applies to regulations under paragraph 183. For example, if you do not understand the information and are unable to make a decision about your treatment, you are said to 'lack capacity' to make decisions about your treatment. Relationship between review and request for new authorisation. 424348) in England and Wales. (1) This paragraph applies if— (a) a request is made... Duty to give information about effect of authorisation. 28. 87. A. 167. Determinations made on capacity and medical assessments, Determination that arrangements are necessary and proportionate. 16. The capacity evidence was limited, but nonetheless ‘sufficiently rigorous’ to satisfy sections 2 and 3 of the Mental Capacity Act 2005. Two cases before the Court of Protection … Watch this short video on the Bournewood Ruling then test your knowledge of the Mental Capacity Act 2005. (1) The Administration of Estates Act 1925 (c. 23) is... 6.In section 49 of the National Assistance Act 1948 (c.... U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45). 53. 140. 10. Applications and procedure for registration. 43. (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. 6. 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. 12. (1) In determining whether P objects, regard must be had... 53.Mental health arrangements: the hospital treatment regime, 54.Mental health arrangements: other definitions. The Mental Capacity Act 2005 is a vitally important piece of legislation, and one that will make a real difference to the lives of people who may lack mental capacity. 28. (1) Sub-paragraph (2) applies if the court determines under section... 20.On the cancellation of the registration of an instrument, the... Part 4 Records of alterations in registered powers, Partial revocation or suspension of power as a result of bankruptcy. (1) A standard authorisation must state the following things—. 9. 133. 180. 40. The supported decision principle requires that all practical steps … 173. If you can’t make decisions for yourself because you don’t have the mental capacity to make them, the Mental Capacity Act 2005 tells you what you can do to plan ahead, how you can ask someone else to make decisions for you and who can make decisions for you if you haven't planned ahead. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. (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—. It details the circumstances where it is possible to make a decision on behalf of someone without the mental capacity to make it themselves, and how the decision should be made. 20. B. 200 provisions and might take some time to download. Access essential accompanying documents and information for this legislation item from this tab. (1) A statement for the purposes of paragraph 35(a) is... Each local authority must make arrangements— (a) for persons to... (1) The appropriate authority may by regulations—, Appointment of Independent Mental Capacity Advocate. 10. All content was accurate when published. Use this menu to access essential accompanying documents and information for this legislation item. Those changes will be listed when you open the content using the Table of Contents below. 50. 35. (1) The appropriate authority may by regulations make provision for,... Part 7 Excluded arrangements: mental health. 25. Equivalent assessment already carried out. Expressions with same meaning as in Mental Health Act. 71. A deputy is a person the Court of Protection appoints to make decisions for you once you have lost capacity to make them yourself. (1) This paragraph applies in cases D and E in... 6.This Part applies for the purposes of this Schedule. Tips, guidance and blogs to support your organisation. 18. (1) The Mental Health Act is amended as follows. It is legally binding. 22. 11. A lasting power of attorney is a legal document that lets you appoint someone, called an attorney, to make decisions for you. (1) If the managing authority decide to give an urgent... 79.An urgent authorisation must be in writing. The Select Committee on the Mental Capacity Act 2005 . (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. 3. 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. (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—. may also experience some issues with your browser, such as an alert box that a script is taking a Directions by National Assembly in relation to supervisory functions. 3. There are currently no additional references that you need to check. 139. Requirements as to content of instruments. 16. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. We won't give up until everyone experiencing a mental health problem gets support and respect. A general guide on how the Mental Capacity Act affects you and how you can plan ahead for when you no longer have the mental capacity to make decisions for yourself. (1) For paragraph 4 of Schedule 2 to the Leasehold... Goods Vehicles (Licensing of Operators) Act 1995 (c. 23).