Mental Capacity Act 2005

1. Introductory Text

2. Part 1 Persons who lack capacity

   1. The principles

      1. 1. The principles

   2. Preliminary

      1. 2. People who lack capacity

      2. 3. Inability to make decisions

      3. 4. Best interests

      4. 5. Acts in connection with care or treatment

      5. 6. Section 5 acts: limitations

      6. 7. Payment for necessary goods and services

      7. 8. Expenditure

   3. Lasting powers of attorney

      1. 9. Lasting powers of attorney

      2. 10. Appointment of donees

      3. 11. Lasting powers of attorney: restrictions

      4. 12. Scope of lasting powers of attorney: gifts

      5. 13. Revocation of lasting powers of attorney etc.

      6. 14. Protection of donee and others if no power created or power revoked

   4. General powers of the court and appointment of deputies

      1. 15. Power to make declarations

      2. 16. Powers to make decisions and appoint deputies: general

      3. 17. Section 16 powers: personal welfare

      4. 18. Section 16 powers: property and affairs

      5. 19. Appointment of deputies

      6. 20. Restrictions on deputies

      7. 21. Transfer of proceedings relating to people under 18

   5. Powers of the court in relation to lasting powers of attorney

      1. 22. Powers of court in relation to validity of lasting powers of attorney

      2. 23. Powers of court in relation to operation of lasting powers of attorney

   6. Advance decisions to refuse treatment

      1. 24. Advance decisions to refuse treatment: general

      2. 25. Validity and applicability of advance decisions

      3. 26. Effect of advance decisions

   7. Excluded decisions

      1. 27. Family relationships etc.

      2. 28. Mental Health Act matters

      3. 29. Voting rights

   8. Research

      1. 30. Research

      2. 31. Requirements for approval

      3. 32. Consulting carers etc.

      4. 33. Additional safeguards

      5. 34. Loss of capacity during research project

   9. Independent mental capacity advocate service

      1. 35. Appointment of independent mental capacity advocates

      2. 36. Functions of independent mental capacity advocates

      3. 37. Provision of serious medical treatment by NHS body

      4. 38. Provision of accommodation by NHS body

      5. 39. Provision of accommodation by local authority

      6. 40. Exceptions

      7. 41. Power to adjust role of independent mental capacity advocate

   10. Miscellaneous and supplementary

       1. 42. Codes of practice

       2. 43. Codes of practice: procedure

       3. 44. Ill-treatment or neglect

3. Part 2 The Court of Protection and the Public Guardian

   1. The Court of Protection

      1. 45. The Court of Protection

      2. 46. The judges of the Court of Protection

   2. Supplementary powers

      1. 47. General powers and effect of orders etc.

      2. 48. Interim orders and directions

      3. 49. Power to call for reports

   3. Practice and procedure

      1. 50. Applications to the Court of Protection

      2. 51. Court of Protection Rules

      3. 52. Practice directions

      4. 53. Rights of appeal

   4. Fees and costs

      1. 54. Fees

      2. 55. Costs

      3. 56. Fees and costs: supplementary

   5. The Public Guardian

      1. 57. The Public Guardian

      2. 58. Functions of the Public Guardian

      3. 59. Public Guardian Board

      4. 60. Annual report

   6. Court of Protection Visitors

      1. 61. Court of Protection Visitors

4. Part 3 Miscellaneous and general

   1. Declaratory provision

      1. 62. Scope of the Act

   2. Private international law

      1. 63. International protection of adults

   3. General

      1. 64. Interpretation

      2. 65. Rules, regulations and orders

      3. 66. Existing receivers and enduring powers of attorney etc.

      4. 67. Minor and consequential amendments and repeals

      5. 68. Commencement and extent

      6. 69. Short title

5. SCHEDULES

   1. SCHEDULE 1

      Lasting powers of attorney: formalities

      1. Part 1 Making instruments

         1. 1. General requirements as to making instruments

         2. 2. Requirements as to content of instruments

         3. 3. Failure to comply with prescribed form

      2. Part 2 Registration

         1. 4. Applications and procedure for registration

         2. 5. Subject to paragraphs 11 to 14, the Public Guardian must...

         3. 6. Notification requirements

         4. 7. As soon as is practicable after receiving an application by...

         5. 8. (1) As soon as is practicable after receiving an application...

         6. 9. (1) A notice under paragraph 6 must be made in...

         7. 10. Power to dispense with notification requirements

         8. 11. Instrument not made properly or containing ineffective provision

         9. 12. Deputy already appointed

         10. 13. Objection by donee or named person

         11. 14. Objection by donor

         12. 15. Notification of registration

         13. 16. Evidence of registration

      3. Part 3 Cancellation of registration and notification of severance

         1. 17. (1) The Public Guardian must cancel the registration of an...

         2. 18. The court must direct the Public Guardian to cancel the...

         3. 19. (1) Sub-paragraph (2) applies if the court determines under section...

         4. 20. On the cancellation of the registration of an instrument, the...

      4. Part 4 Records of alterations in registered powers

         1. 21. Partial revocation or suspension of power as a result of bankruptcy

         2. 22. Termination of appointment of donee which does not revoke power

         3. 23. Replacement of donee

         4. 24. Severance of ineffective provisions

         5. 25. Notification of alterations

   2. SCHEDULE 2

      Property and affairs: supplementary provisions

      1. 1. Wills: general

      2. 2. Provision that may be made in will

      3. 3. Wills: requirements relating to execution

      4. 4. Wills: effect of execution

      5. 5. Vesting orders ancillary to settlement etc.

      6. 6. Variation of settlements

      7. 7. Vesting of stock in curator appointed outside England and Wales

      8. 8. Preservation of interests in property disposed of on behalf of person lacking capacity

      9. 9. (1) Sub-paragraph (2) applies if the court has ordered or...

      10. 10. Powers as patron of benefice

   3. SCHEDULE 3

      International protection of adults

      1. Part 1 Preliminary

         1. 1. Introduction

         2. 2. The Convention

         3. 3. Countries, territories and nationals

         4. 4. Adults with incapacity

         5. 5. Protective measures

         6. 6. Central Authority

      2. Part 2 Jurisdiction of competent authority

         1. 7. Scope of jurisdiction

         2. 8. (1) The court may also exercise its functions under this...

         3. 9. Exercise of jurisdiction

         4. 10. A reference in this Schedule to the exercise of jurisdiction...

      3. Part 3 Applicable law

         1. 11. Applicable law

         2. 12. Where a protective measure is taken in one country but...

         3. 13. Lasting powers of attorney, etc.

         4. 14. (1) Where a lasting power is not exercised in a...

         5. 15. Regulations may provide for Schedule 1 (lasting powers of attorney:...

         6. 16. Protection of third parties

         7. 17. Mandatory rules

         8. 18. Public policy

      4. Part 4 Recognition and enforcement

         1. 19. Recognition

         2. 20. (1) An interested person may apply to the court for...

         3. 21. For the purposes of paragraphs 19 and 20, any finding...

         4. 22. Enforcement

         5. 23. Measures taken in relation to those aged under 16

         6. 24. Supplementary

         7. 25. Court of Protection Rules may make provision about an application...

      5. Part 5 Co-operation

         1. 26. Proposal for cross-border placement

         2. 27. A proposal received by a public authority under Article 33...

         3. 28. Adult in danger etc.

         4. 29. A public authority may not request from, or send to,...

      6. Part 6 General

         1. 30. Certificates

         2. 31. Powers to make further provision as to private international law

         3. 32. (1) Regulations may make provision— (a) giving further effect to...

         4. 33. Exceptions

         5. 34. Regulations and orders

         6. 35. Commencement

   4. SCHEDULE 4

      Provisions applying to existing enduring powers of attorney

      1. Part 1 Enduring powers of attorney

         1. 1. Enduring power of attorney to survive mental incapacity of donor

         2. 2. Characteristics of an enduring power of attorney

         3. 3. Scope of authority etc. of attorney under enduring power

      2. Part 2 Action on actual or impending incapacity of donor

         1. 4. Duties of attorney in event of actual or impending incapacity of donor

      3. Part 3 Notification prior to registration

         1. 5. Duty to give notice to relatives

         2. 6. (1) Subject to sub-paragraphs (2) to (4), persons of the...

         3. 7. (1) An attorney is not required to give notice under...

         4. 8. Duty to give notice to donor

         5. 9. Contents of notices

         6. 10. A notice to the donor under this Part of this...

         7. 11. Duty to give notice to other attorneys

         8. 12. Supplementary

      4. Part 4 Registration

         1. 13. Registration of instrument creating power

         2. 14. Register of enduring powers

      5. Part 5 Legal position after registration

         1. 15. Effect and proof of registration

         2. 16. Functions of court with regard to registered power

         3. 17. Cancellation of registration by Public Guardian

      6. Part 6 Protection of attorney and third parties

         1. 18. Protection of attorney and third persons where power is invalid or revoked

         2. 19. Further protection of attorney and third persons

      7. Part 7 Joint and joint and several attorneys

         1. 20. Application to joint and joint and several attorneys

         2. 21. Joint attorneys

         3. 22. Joint and several attorneys

      8. Part 8 Interpretation

         1. 23. (1) In this Schedule— “enduring power” is to be construed...

   5. SCHEDULE 5

      Transitional provisions and savings

      1. Part 1 Repeal of Part 7 of the Mental Health Act 1983

         1. 1. Existing receivers

         2. 2. Orders, appointments etc.

         3. 3. Pending proceedings

         4. 4. Appeals

         5. 5. Fees

         6. 6. Court records

         7. 7. Existing charges

         8. 8. Preservation of interests on disposal of property

         9. 9. Accounts

         10. 10. Interpretation

      2. Part 2 Repeal of the Enduring Powers of Attorney Act 1985

         1. 11. Orders, determinations, etc.

         2. 12. Pending proceedings

         3. 13. Appeals

         4. 14. Exercise of powers of donor as trustee

         5. 15. Interpretation

   6. SCHEDULE 6

      Minor and consequential amendments

      1. 1. Fines and Recoveries Act 1833 (c. 74)

      2. 2. Improvement of Land Act 1864 (c. 114)

      3. 3. Trustee Act 1925 (c. 19)

      4. 4. Law of Property Act 1925 (c. 20)

      5. 5. Administration of Estates Act 1925 (c. 23)

      6. 6. National Assistance Act 1948 (c. 29)

      7. 7. U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45)

      8. 8. Intestates' Estates Act 1952 (c. 64)

      9. 9. Variation of Trusts Act 1958 (c. 53)

      10. 10. Administration of Justice Act 1960 (c. 65)

      11. 11. Industrial and Provident Societies Act 1965 (c. 12)

      12. 12. Compulsory Purchase Act 1965 (c. 56)

      13. 13. Leasehold Reform Act 1967 (c. 88)

      14. 14. Medicines Act 1968 (c. 67)

      15. 15. Family Law Reform Act 1969 (c. 46)

      16. 16. Local Authority Social Services Act 1970 (c. 42)

      17. 17. Courts Act 1971 (c. 23)

      18. 18. Local Government Act 1972 (c. 70)

      19. 19. Matrimonial Causes Act 1973 (c. 18)

      20. 20. Juries Act 1974 (c. 23)

      21. 21. Consumer Credit Act 1974 (c. 39)

      22. 22. Solicitors Act 1974 (c. 47)

      23. 23. Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

      24. 24. Sale of Goods Act 1979 (c. 54)

      25. 25. Limitation Act 1980 (c. 58)

      26. 26. Public Passenger Vehicles Act 1981 (c. 14)

      27. 27. Judicial Pensions Act 1981 (c. 20)

      28. 28. Supreme Court Act 1981 (c. 54)

      29. 29. Mental Health Act 1983 (c. 20)

      30. 30. Administration of Justice Act 1985 (c. 61)

      31. 31. Insolvency Act 1986 (c. 45)

      32. 32. Building Societies Act 1986 (c. 53)

      33. 33. Public Trustee and Administration of Funds Act 1986 (c. 57)

      34. 34. Patronage (Benefices) Measure 1986 (No.3)

      35. 35. Courts and Legal Services Act 1990 (c. 41)

      36. 36. Child Support Act 1991 (c. 48)

      37. 37. Social Security Administration Act 1992 (c. 5)

      38. 38. Judicial Pensions and Retirement Act 1993 (c. 8)

      39. 39. Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

      40. 40. Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)

      41. 41. Disability Discrimination Act 1995 (c. 50)

      42. 42. Trusts of Land and Appointment of Trustees Act 1996 (c. 47)

      43. 43. Human Rights Act 1998 (c. 42)

      44. 44. Access to Justice Act 1999 (c. 22)

      45. 45. Adoption and Children Act 2002 (c. 38)

      46. 46. Licensing Act 2003 (c. 17)

      47. 47. Courts Act 2003 (c. 39)

   7. SCHEDULE 7

      Repeals