Mental Capacity Act 2005
2005 CHAPTER 9
CONTENTS
Go to Preamble
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Part 1
Persons who lack capacity
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The principles
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1. The principles
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Preliminary
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2. People who lack capacity
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3. Inability to make decisions
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4. Best interests
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5. Acts in connection with care or treatment
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6. Section 5 acts: limitations
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7. Payment for necessary goods and services
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8. Expenditure
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Lasting powers of attorney
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9. Lasting powers of attorney
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10. Appointment of donees
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11. Lasting powers of attorney: restrictions
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12. Scope of lasting powers of attorney: gifts
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13. Revocation of lasting powers of attorney etc.
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14. Protection of donee and others if no power created or power revoked
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General powers of the court and appointment of deputies
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15. Power to make declarations
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16. Powers to make decisions and appoint deputies: general
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17. Section 16 powers: personal welfare
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18. Section 16 powers: property and affairs
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19. Appointment of deputies
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20. Restrictions on deputies
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21. Transfer of proceedings relating to people under 18
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Powers of the court in relation to lasting powers of attorney
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22. Powers of court in relation to validity of lasting powers of attorney
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23. Powers of court in relation to operation of lasting powers of attorney
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Advance decisions to refuse treatment
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24. Advance decisions to refuse treatment: general
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25. Validity and applicability of advance decisions
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26. Effect of advance decisions
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Excluded decisions
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27. Family relationships etc.
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28. Mental Health Act matters
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29. Voting rights
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Research
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30. Research
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31. Requirements for approval
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32. Consulting carers etc.
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33. Additional safeguards
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34. Loss of capacity during research project
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Independent mental capacity advocate service
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35. Appointment of independent mental capacity advocates
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36. Functions of independent mental capacity advocates
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37. Provision of serious medical treatment by NHS body
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38. Provision of accommodation by NHS body
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39. Provision of accommodation by local authority
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40. Exceptions
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41. Power to adjust role of independent mental capacity advocate
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Miscellaneous and supplementary
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42. Codes of practice
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43. Codes of practice: procedure
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44. Ill-treatment or neglect
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Part 2
The Court of Protection and the Public Guardian
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The Court of Protection
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45. The Court of Protection
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46. The judges of the Court of Protection
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Supplementary powers
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47. General powers and effect of orders etc.
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48. Interim orders and directions
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49. Power to call for reports
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Practice and procedure
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50. Applications to the Court of Protection
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51. Court of Protection Rules
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52. Practice directions
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53. Rights of appeal
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Fees and costs
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54. Fees
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55. Costs
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56. Fees and costs: supplementary
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The Public Guardian
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57. The Public Guardian
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58. Functions of the Public Guardian
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59. Public Guardian Board
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60. Annual report
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Court of Protection Visitors
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61. Court of Protection Visitors
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Part 3
Miscellaneous and general
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Declaratory provision
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62. Scope of the Act
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Private international law
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63. International protection of adults
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General
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64. Interpretation
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65. Rules, regulations and orders
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66. Existing receivers and enduring powers of attorney etc.
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67. Minor and consequential amendments and repeals
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68. Commencement and extent
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69. Short title
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Schedule 1
Lasting powers of attorney: formalities
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Part 1
Making instruments
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Part 2
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