Mental Capacity Act 2005

E186252

Act of Parliament of the United Kingdom UK statute

The Mental Capacity Act 2005 is a key piece of UK legislation that sets out how decisions should be made on behalf of adults who lack the mental capacity to make certain decisions for themselves, providing safeguards and principles to protect their rights and interests.

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All labels observed (2)

Label	Occurrences
Mental Capacity Act 2005 canonical	3
Mental Capacity Act 2005 Code of Practice	1

Statements (51)

Predicate	Object
instanceOf	Act of Parliament of the United Kingdom ⓘ UK statute ⓘ
administeredBy	Ministry of Justice ⓘ Office of the Public Guardian (England and Wales) ⓘ surface form: Office of the Public Guardian
amendedBy	Mental Health Act 2007 ⓘ
appliesIn	financial and legal decision-making contexts ⓘ healthcare settings ⓘ social care settings ⓘ
appliesTo	adults aged 16 and over ⓘ
citation	2005 c. 9 ⓘ
country	United Kingdom ⓘ
createsBody	Court of Protection ⓘ
createsRole	Office of the Public Guardian (England and Wales) ⓘ surface form: Public Guardian
definesConcept	advance decision to refuse treatment ⓘ best interests ⓘ independent mental capacity advocate ⓘ lack of capacity ⓘ lasting power of attorney ⓘ
includesSchedule	Deprivation of Liberty Safeguards ⓘ
influencedBy	common law principles on capacity and consent ⓘ
jurisdiction	England and Wales ⓘ
keyPrinciple	a person is not to be treated as unable to make a decision merely because they make an unwise decision ⓘ a person is not to be treated as unable to make a decision unless all practicable steps to help them to do so have been taken without success ⓘ a person must be assumed to have capacity unless it is established that they lack capacity ⓘ any act done or decision made for or on behalf of a person who lacks capacity must be done or made in their best interests ⓘ before the act is done or the decision is made, regard must be had to whether the purpose can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action ⓘ
language	English ⓘ
legalTestForCapacity	two-stage test assessing impairment of mind or brain and ability to make a specific decision ⓘ
legislature	British Parliament ⓘ surface form: Parliament of the United Kingdom
parliamentarySession	2004–2005 ⓘ
primaryPurpose	to protect and empower people who may lack the mental capacity to make their own decisions ⓘ to provide a legal framework for acting and making decisions on behalf of adults who lack capacity ⓘ
providesSafeguard	court oversight of serious decisions ⓘ formal requirements for lasting powers of attorney ⓘ independent mental capacity advocacy service ⓘ
region	England ⓘ Wales ⓘ
relatedLegislation	Care Act 2014 ⓘ Mental Health Act 1983 ⓘ Mental Health Act 2007 ⓘ
replacedByInPart	Liberty Protection Safeguards (not yet fully implemented as of 2024) ⓘ
requires	consideration of the person’s past and present wishes and feelings ⓘ consultation with carers and family where practicable ⓘ
royalAssentDate	2005-04-07 ⓘ
shortTitle	Mental Capacity Act 2005 self-link ⓘ
subjectMatter	advance decisions to refuse medical treatment ⓘ health and welfare decision-making ⓘ mental capacity ⓘ property and financial affairs decision-making ⓘ research involving adults lacking capacity ⓘ
yearEnacted	2005 ⓘ

Referenced by (4)

Full triples — surface form annotated when it differs from this entity's canonical label.

Office of the Public Guardian (England and Wales) → legalBasis → Mental Capacity Act 2005 ⓘ

this entity surface form: Mental Capacity Act 2005 Code of Practice

Mental Capacity Act 2005 → shortTitle → Mental Capacity Act 2005 self-link ⓘ

Court of Protection → hasLegalBasisIn → Mental Capacity Act 2005 ⓘ