Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. 13.Revocation of lasting powers of attorney etc. 5. 13. Sign in It includes rules that order people to be looked after safely who can’t make decisions for themselves. 90. Assessments to stop if any comes to negative conclusion. 180. 17.The Public Guardian must cancel the registration of an instrument... Part 6 Protection of attorney and third parties, Protection of attorney and third persons where power is invalid or revoked. The Mental Capacity Act will not start until later in 2007. 51. 3. 118. The MCA is designed to protect and restore power … 81. 141. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below. 6. 112. See our pages on the Mental Capacity Act for more information. Those changes will be listed when you open the content using the Table of Contents below. When a request for a standard authorisation is “disposed of”. Mental Health Act: your rights (easy read) The Mental Health Act is a law that tells people with a mental health disorder what their rights are and how they can be treated. (1) Directions under paragraph 165 must be given in regulations.... 168.The power under paragraph 165 or paragraph 166 to give... 169.Any notice under this Schedule must be in writing. (1) This Part applies if a standard authorisation—. (1) The managing authority must request a standard authorisation in... Duty to request authorisation: change in place of detention. The Mental Capacity Act 2005 is the law that tells you what you can do to plan ahead in case you can't make decisions for yourself, how you can ask someone else to make decisions for you and who can make decisions for you if you haven't planned ahead. Persons ineligible to be deprived of liberty by this Act, 1.This Schedule applies for the purposes of—. 50. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. 44. The Mental Capacity Act 2005 gives rules about ordering people to be looked after safely if they cannot make decisions for themselves. In Schedule 2 to the Supreme Court Act 1981 (c.... (1) The Mental Health Act is amended as follows. No versions before this date are available. 120. 2. mental-capacity-act-easy-read.pdf - Google Drive. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. The Act came into force during 2007. may also experience some issues with your browser, such as an alert box that a script is taking a In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). (1) A statement for the purposes of paragraph 35(a) is... Part 4 Approved Mental Capacity Professionals. (1) The Administration of Estates Act 1925 (c. 23) is... 6.In section 49 of the National Assistance Act 1948 (c.... U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45). Measures taken in relation to those aged under 16. 13. 20. (1) A notice under paragraph 6 must be made in... Power to dispense with notification requirements. ^ The Mental Capacity Act 2005, section 1 ^ The Mental Health Act 2007 ^ Braithwaite, R (2013). 29. "DoLS protect care homes, not patients". 10.In section 12(1)(b) of the Administration of Justice Act 1960... Industrial and Provident Societies Act 1965 (c. 12). 6. (1) If the instrument which creates an enduring power of... Part 2 Action on actual or impending incapacity of donor, Duties of attorney in event of actual or impending incapacity of donor. (1) A standard authorisation may not be varied except in... Effect of decision about request made under paragraph 25 or 30. 14. 184. 200 provisions and might take some time to download. 124. 117. This paragraph applies if P is subject to—. 72. 163. Judicial Pensions and Retirement Act 1993 (c. 8). 53. 1.Paragraphs 2 to 4 apply in relation to the execution... 2.The will may make any provision (whether by disposing of... Wills: requirements relating to execution. 150. The Mental Capacity Act 2005 . 7. See our full list of legal terms. The Assisted Decision-Making (Capacity) Act 2015 was signed into law in 2015. 5. The Whole 161. 43. 68. 7. 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. 62. 2. Most people can make decisions on their own but other people might need help to make important decisions. 12. (1) After authorising arrangements the responsible body must, without delay,... 18.The conditions in this paragraph are that—, 19.The conditions in this paragraph are that—. It ensures that they are given all necessary support to make every decision they are able to make, and to contribute towards any decisions made about their lives that they are unable to make themselves. 8. 70. 173. 103. The power under paragraph 165 or paragraph 166 to give... Any notice under this Schedule must be in writing. (1) The Mental Health Act is amended as follows. Whilst not perfect, they are significant in safeguarding the lives of people who may lack mental capacity. 182. 36. 144. An animated guide to the Mental Capacity Act produced for the Dorset County Council Mental Capacity Act team. 86. 35. 11. Download 10 page PDF. Supervisory body to appoint representative. Mental health arrangements: the hospital treatment regime, Mental health arrangements: other definitions. Some people are able to make every decision about their own lives. It wants to make changes because the rules are hard to understand and … Many of these applications are brought by P, with the assistance of their relevant person representative (RPR) or independent mental capacity advocate (IMCA). 16. 3. 42. The government wants to make changes to the law called the Mental Capacity Act 2005. Alongside hft, we helped develop a guide around the Mental Capacity Act 2005 for the benefit of family carers. The Mental Capacity Act 2005, covering England and Wales, provides a statutory framework for people who lack capacity to make decisions for themselves, or who have capacity and want to make preparations for a time when they may lack capacity in the future. 16. 7.In section 1 of the U.S.A. Veterans' Pensions (Administration) Act... 8.In Schedule 2 to the Intestates' Estates Act 1952 (c.... 9.In section 1 of the Variation of Trusts Act 1958... Administration of Justice Act 1960 (c. 65). The Mental Capacity Act 2005 is a law that affects people age 16 or over. (1) A standard authorisation may be given subject to conditions.... 54.A standard authorisation must be in writing. 3) is amended... Courts and Legal Services Act 1990 (c. 41). The Mental Capacity Act is all about making decisions. Termination of appointment of donee which does not revoke power. 8.Paragraph 8(1) of Schedule 2 applies in relation to any... 9.Court of Protection Rules may provide that, in a case... 10.In this Part of this Schedule— (a) “the commencement day”... Part 2 Repeal of the Enduring Powers of Attorney Act 1985. (1) This paragraph applies if— (a) a review under this... 125.In paragraphs 123 and 124— (a) the existing authorisation is... 126.This Part contains provision about assessments under this Schedule. This date is our basedate. 3. 160. 113. The Mental Capacity Act 2005 is a law that affects people age 16 or over, who are not able to make decisions for themselves. What is the Mental Capacity Act? The Mental Capacity Act 2005 is designed to protect and empower individuals who may lack the mental capacity to make their own decisions about their care and treatment and this bestselling book will provide invaluable support to busy practitioners needing to … 8. 9. Relationship between review and request for new authorisation. (1) This paragraph applies if the donor—. All content is available under the Open Government Licence v3.0, except where otherwise stated, Mental Capacity (Amendment) Bill: easy read, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases. 17. Different options to open legislation in order to view more content on screen at once. 67.Minor and consequential amendments and repeals, Hospital and care home residents: deprivation of liberty, Part 1 Authorisation to deprive residents of liberty etc. Directions by National Assembly in relation to supervisory functions. (1) Regulations may make provision about the circumstances in which... 151.Regulations may make provision for payments to be made to,... 152.The provisions of this Part which specify provision that may... Effect of appointment of section 39C IMCA. 50.Applications to the Court of Protection. Use this menu to access essential accompanying documents and information for this legislation item. 5. 7. In this Part, in relation to an assessment under this... (1) It is for the supervisory body to select a... (1) This paragraph applies to regulations under paragraph 129(3). 123. 162. 12. of attorney under enduring power. Supervisory bodies: determination of place of ordinary residence. See our full list of legal terms. Where they are not able to make their own decision, the Mental Capacity Act says a decision must be made that is in their ‘best interests’. It gives rights to people who cannot make decisions for themselves. The Mental Capacity Act 2005 and its accompanying Codes of Practice continue to have a huge impact on mental health professionals working with some of the most vulnerable people throughout England and Wales. 1. Minor and consequential amendments and repeals. 25. (1) If— (a) an instrument framed in a form prescribed... Part 7 Joint and joint and several attorneys, Application to joint and joint and several attorneys. 159. It came into force in England and Wales in 2007. See our pages on the Mental Capacity Act for more information. (1) Paragraphs 2 and 3 do not exclude a person's... 5.This Part applies for the purposes of this Schedule. 166. (1) Any functions which P has as patron of a... 1.This Part applies for the purposes of this Schedule. 22. 47.This paragraph applies if— (a) P is subject to the... 48.This paragraph applies if— (a) P is subject to the... 49.This paragraph applies if P is subject to—. 9. 181. The conditions in this paragraph are that—. 439.3 kB Download Accessibility: This document may not be fully accessible. We also use cookies set by other sites to help us deliver content from their services. 94. 84. 49. 87. 13. (1) A statement for the purposes of paragraph 19(a) is... 21.Determinations made on capacity and medical assessments, 22.Determination that arrangements are necessary and proportionate. Functions of court with regard to registered power. An Act to make new provision relating to persons who lack capacity; to establish a superior court of record called the Court of Protection in place of the office of the Supreme Court called by that name; to make provision in connection with the Convention on the International Protection of Adults signed at the Hague on 13th January 2000; and for connected purposes. (1) The records of the former Court of Protection are... 7.This Act does not affect the operation in relation to... Preservation of interests on disposal of property. 39. ^ Mental Capacity Act (2005) Code of Practice (2007) London: TSO. 1. To help us improve GOV.UK, we’d like to know more about your visit today. (1) The Insolvency Act 1986 (c. 45) is amended as... 32.In section 102D(9) of the Building Societies Act 1986 (c.... Public Trustee and Administration of Funds Act 1986 (c. 57). 14. 4. 174.This Part applies for the purposes of this Schedule. (1) For paragraph 4 of Schedule 2 to the Leasehold... Goods Vehicles (Licensing of Operators) Act 1995 (c. 23). (1) If the review is by an Approved Mental Capacity... 26.If the review is not by an Approved Mental Capacity... Part 3 Duration, renewal, variation and review of authorisation, 28.Time for which authorisation has effect. 9. The Whole Act you have selected contains over 200 provisions and might take some time to download. 85. Disability Discrimination Act 1995 (c. 50). Determinations made on capacity and medical assessments, Determination that arrangements are necessary and proportionate. 2. 153.Paragraphs 159 and 160 make provision about the exercise of... 154.This Part applies for the purposes of this Schedule. You can also find more information about the Mental Capacity Act on website for the Social Care Institute for Excellence. 18. The effect of suspending the standard authorisation is that Part... (1) This Part applies if these conditions are met. 44. 27. The Whole 12. (1) This paragraph applies in cases B and C in... P objects to being a mental health patient etc. (1) Sub-paragraph (2) applies if the court is satisfied—, Preservation of interests in property disposed of on behalf of person lacking capacity, 8. (1) For section 26(2) of the Leasehold Reform Act 1967... 14.In section 72 of the Medicines Act 1968 (c. 67)... 15.For section 21(4) of the Family Law Reform Act 1969... Local Authority Social Services Act 1970 (c. 42). The Mental Capacity Act 2005 will help people to make their own decisions. 83. The Mental Capacity Act is about 56. 99.For the purposes of this Part there is a change... Effect of change in supervisory responsibility. 25. 9. 1. 98. We have developed an easy read guide for people with learning disabilities and their families around mental capacity and finances. Sign in. 4. The Mental Capacity Act 2005 is a law that protects and supports people who may have difficulty in making some of their own decisions. (1) This paragraph applies if— (a) a managing authority request... Authorisation given: request for further authorisation, 29. 28. 4. (1) In this Schedule— “enduring power” is to be construed... Part 1 Repeal of Part 7 of the Mental Health Act 1983. 186. 24. 102. We’ll send you a link to a feedback form. 164. The New Mental Health Act An Easy Read Guide. (1) The supervisory body may at any time carry out... (1) An eligible person may, at any time, request the... (1) Paragraphs 105 to 107 set out the grounds on... (1) Any of the following qualifying requirements is reviewable on... (1) The best interests requirement is reviewable on the ground... (1) If the supervisory body are to carry out a... To start a review of the standard authorisation, the supervisory... (1) This paragraph applies if no qualifying requirements appear to... (1) This paragraph applies if one or more qualifying requirements... (1) A review assessment is an assessment of whether the... (1) In carrying out a review assessment, the assessor must... (1) This paragraph applies in a case where—. (1) Sub-paragraphs (2) to (6) apply if the attorney under... Part 3 Notification prior to registration. 33. Any changes that have already been made by the team appear in the content and are referenced with annotations. 139. Some people are able to make some decisions. 5. 16. This booklet aims to give you information about how human rights can help you to have more control over your own life and be treated with dignity and respect. Any changes that have already been made by the team appear in the content and are referenced with annotations. 183. 4B.Deprivation of liberty necessary for life-sustaining treatment or vital act, 4C.Carrying out of authorised arrangements giving rise to deprivation of liberty, 5.Acts in connection with care or treatment, 7.Payment for necessary goods and services, 11.Lasting powers of attorney: restrictions, 12.Scope of lasting powers of attorney: gifts. (1) A standard authorisation must state the following things—. 4. More … 15. Plans for a new law about how someone can be ordered to be looked after safely if they cannot make decisions for themselves.