Royal Arms Mental Capacity Act 2005

2005 Chapter 9


 

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Mental Capacity Act 2005

2005 Chapter 9

 
 
 
CONTENTS

PART 1
PERSONS WHO LACK CAPACITY
The principles
Section  
1 The principles

Preliminary
2 People who lack capacity
3 Inability to make decisions
4 Best interests
5 Acts in connection with care or treatment
6 Section 5 acts: limitations
7 Payment for necessary goods and services
8 Expenditure

Lasting powers of attorney
9 Lasting powers of attorney
10 Appointment of donees
11 Lasting powers of attorney: restrictions
12 Scope of lasting powers of attorney: gifts
13 Revocation of lasting powers of attorney etc.
14 Protection of donee and others if no power created or power revoked

General powers of the court and appointment of deputies
15 Power to make declarations
16 Powers to make decisions and appoint deputies: general
17 Section 16 powers: personal welfare
18 Section 16 powers: property and affairs
19 Appointment of deputies
20 Restrictions on deputies
21 Transfer of proceedings relating to people under 18

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

Advance decisions to refuse treatment
24 Advance decisions to refuse treatment: general
25 Validity and applicability of advance decisions
26 Effect of advance decisions

Excluded decisions
27 Family relationships etc.
28 Mental Health Act matters
29 Voting rights

Research
30 Research
31 Requirements for approval
32 Consulting carers etc.
33 Additional safeguards
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
40 Exceptions
41 Power to adjust role of independent mental capacity advocate

Miscellaneous and supplementary
42 Codes of practice
43 Codes of practice: procedure
44 Ill-treatment or neglect

PART 2
THE COURT OF PROTECTION AND THE PUBLIC GUARDIAN
The Court of Protection
45 The Court of Protection
46 The judges of the Court of Protection

Supplementary powers
47 General powers and effect of orders etc.
48 Interim orders and directions
49 Power to call for reports

Practice and procedure
50 Applications to the Court of Protection
51 Court of Protection Rules
52 Practice directions
53 Rights of appeal

Fees and costs
54 Fees
55 Costs
56 Fees and costs: supplementary

The Public Guardian
57 The Public Guardian
58 Functions of the Public Guardian
59 Public Guardian Board
60 Annual report

Court of Protection Visitors
61 Court of Protection Visitors

PART 3
MISCELLANEOUS AND GENERAL
Declaratory provision
62 Scope of the Act

Private international law
63 International protection of adults

General
64 Interpretation
65 Rules, regulations and orders
66 Existing receivers and enduring powers of attorney etc.
67 Minor and consequential amendments and repeals
68 Commencement and extent
69 Short title
 

 
    Schedule 1 - Lasting powers of attorney: formalities
    Part 1 - Making instruments
    Part 2 - Registration
    Part 3 - Cancellation of registration and notification of severance
    Part 4 - Records of alterations in registered powers
    Schedule 2 - Property and affairs: supplementary provisions
    Schedule 3 - International protection of adults
    Part 1 - Preliminary
    Part 2 - Jurisdiction of competent authority
    Part 3 - Applicable law
    Part 4 - Recognition and enforcement
    Part 5 - Co-operation
    Part 6 - General
    Schedule 4 - Provisions applying to existing enduring powers of attorney
    Part 1 - Enduring powers of attorney
    Part 2 - Action on actual or impending incapacity of donor
    Part 3 - Notification prior to registration
    Part 4 - Registration
    Part 5 - Legal position after registration
    Part 6 - Protection of attorney and third parties
    Part 7 - Joint and joint and several attorneys
    Part 8 - Interpretation
    Schedule 5 - Transitional provisions and savings
    Part 1 - Repeal of Part 7 of the Mental Health Act 1983
    Part 2 - Repeal of the Enduring Powers of Attorney Act 1985
    Schedule 6 - Minor and consequential amendments
    Schedule 7 - Repeals
 


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Prepared 13 April 2005