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The Mental Capacity Act 2005 (c. 9) is an act of the Parliament of the United Kingdom applying to England and Wales. [3] Its primary purpose is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity to make particular decisions for themselves.
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Lasting powers of attorney (LPAs) in English law were created under the Mental Capacity Act 2005, and came into effect on 1 October 2007. The LPA replaced the former enduring powers of attorney (EPA) which were narrower in scope. [1] Their purpose is to meet the needs of those who can see a time when they will lack capacity to look after their ...
Mental Capacity Act 2005 Code of Practice (PDF), Department for Constitutional Affairs, 2007 MCA (2005), The Mental Capacity Act 2005 , The National Archives , retrieved 25 August 2017 Aintree University Hospitals NHS Foundation Trust v James , British and Irish Legal Information Institute, 2013 , retrieved 25 August 2017
The Court of Protection's powers are defined by the Mental Capacity Act 2005, [4] and was established by order of the Lord Chancellor through the Mental Capacity Act 2005 (Commencement No. 2) Order 2007. [5] The rules of the Court of Protection were established by order of the President of the Family Division through The Court of Protection ...
Mental health-related legal concepts include mens rea, insanity defences; legal definitions of "sane," "insane," and "incompetent;" informed consent; and automatism, amongst many others. Statutory law usually takes the form of a mental health statute. An example is the Mental Health Act 1983 in England and Wales. These acts codify aspects of ...
During this consultation it was considered that compliant but incapacitated adults in care homes, as well as hospitals, might be deprived of their liberty in the meaning of the Convention. This consultation resulted in the amendment of the Mental Capacity Act 2005 to contain the 'deprivation of liberty safeguards'. The deprivation of liberty ...
This remains the test today, notwithstanding the Mental Capacity Act 2005. [13] In addition, in the original wording, [1], [2] and [3] are all approached as not requiring actual understanding, but instead being capable of understanding. [14]