Mental Capacity Act 2005 Overview

From WikiMentalHealth

The full text of the Act is available here: Mental Capacity Act 2005.

This overview page contains links to useful resources on the Mental Capacity Act 2005, which came into force on 1/10/07.

Summaries and background information

In addition to the official Mental Capacity Act 2005 Explanatory Notes, the following may be useful:

• Summary of the Act (DCA)

• Easy-read summary (DCA)

• Background and useful information (DCA)

The Act came fully into force on 1/10/07 (see Mental Capacity Act 2005 in-force dates for detail).

The provisions of the Act

The following pages explain some of the provisions of the Act:

• Court of Protection
• Enduring Power of Attorney
• Independent Mental Capacity Advocate service
• Lasting Power of Attorney
• Office of the Public Guardian

See also:

• Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005 (April 2009) - The Mental Health Act 2007 has made amendments to the Mental Capacity Act 2005 which are expected to come into force in April 2009. See also the Mental Capacity Act 2005 Code of Practice Deprivation of Liberty Safeguards supplement.

Secondary legislation

Commencement

• Mental Capacity Act 2005 (Commencement No.1) (England and Wales) Order 2007

• Mental Capacity Act 2005 (Commencement No.2) Order 2007

• Mental Capacity Act 2005 (Commencement No.1) Order 2006

as amended by Mental Capacity Act 2005 (Commencement No.1) (Amendment) Order 2006

• Mental Capacity Act 2005 (Commencement) (Wales) Order 2007

Deprivation of Liberty

• Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person's Representative) Regulations 2008

• Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

• Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person's Representative) (Amendment) Regulations 2008

IMCA

• Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Expansion of Role) Regulations 2006

• Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006

• Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Wales) Regulations 2007

Research

• Mental Capacity Act 2005 (Appropriate Body) (England) Regulations 2006

• Mental Capacity Act 2005 (Appropriate Body) (England) (Amendment) Regulations 2006

• Mental Capacity Act 2005 (Appropriate Body) (Wales) Regulations 2007

• Mental Capacity Act 2005 (Loss of Capacity during Research Project) (England) Regulations 2007

• Mental Capacity Act 2005 (Loss of Capacity during Research Project) (Wales) Regulations 2007

Public Guardian

• Public Guardian Board Regulations 2007

• Public Guardian (Fees, etc) Regulations 2007

• Public Guardian (Fees, etc) (Amendment) Regulations 2007

• Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations

• Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2007

Court of Protection

• Court of Protection Rules 2007

• Mental Capacity Act 2005 (Transfer Of Proceedings) Order 2007

Other

• Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007

• Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006

• Mental Health Act 2007 (Commencement No. 2) Order 2007

Updates

For updates, see:

• Search results for "Mental Capacity Act" on Statute Law Database

Government bodies

The following state bodies are responsible for implementing the Act:

• Ministry of Justice:

• Mental Capacity "what we do" page
• Mental Capacity "guidance" page

• Department of Health:

• Mental Capacity page. This contains links to the following three pages, which are updated fairly regularly:

• Mental Capacity Act 2005 page
• Independent Mental Capacity Advocate (IMCA) page
• Mental Capacity Act Deprivation of Liberty safeguards

• Welsh Assembly Government:

• Mental Capacity Act page

• Office of the Public Guardian:

• OPG website - This well-structured website contains the following sections: About the Public Guardian, Making arrangements for yourself, I have concerns for another person, Making decisions for someone else, Mental Capacity Act and Forms and booklets.

See also:

• Offices of Court Funds, Official Solicitor and Public Trustee website

Training materials

• Training for the Mental Capacity Act 2005 (DH)

• Mental Capacity Act 2005: training materials - "During May 2007 the Department of Health, in partnership with the Welsh Assembly Government and the Social Care Institute for Excellence (SCIE), is publishing five sets of training materials to support the implementation of the Mental Capacity Act 2005." (DH)