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Mental Capacity Act (2005)
The Mental Capacity Act governs decision-making on behalf of adults, where they lose mental capacity at some point in their lives or where the incapacitating condition has been present since birth. It aims to protect people with learning disabilities and mental health conditions, for example, Alzheimer's disease.
The Act will provide clear guidelines for carers and professionals about who can take decisions in which situations. The Act provides a statutory framework to empower and protect vulnerable people who are not able to make their own decisions. It makes it clear who can take decisions, in which situations, and how they should go about this. It enables people to plan ahead for a time when they may lose capacity. The Act received Royal Assent on 7 April 2005 and will come into force during 2007.
To view the Mental Capacity Act click here.
To download the Mental Capacity Act guide for people who may lack capacity in the future and wish to plan ahead click here.
To download the Mental Capacity Act guide for families friends and other carers click here.
Mental Capacity Act 2005 as it will be amended by the Mental Health Bill
The Mental Health Bill introduces "Bournewood" safeguards through amending the Mental Capacity Act 2005. This is a text of the Mental Capacity Act 2005 as it would look once amended by the Mental Health Bill.
(Please note: this document has been produced in order to help people understand the effect of the Bill, it should not be relied upon for any other purpose.)
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