Mental Capacity Act 2005 - Explanatory Notes

1. Introduction

2. Summary and Background

   1. The Act

      1. Part 1: Persons who lack capacity

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

      3. Part 3: Miscellaneous and General

3. Compatibility With Echr

4. Territorial Extent

5. Territorial Application: Wales

6. Commentary on Sections

   1. Part 1: Persons Who Lack Capacity

      1. The principles

         1. Section 1: The principles

      2. Preliminary

         1. Section 2: People who lack capacity

         2. Section 3: Inability to make decisions

         3. Section 4: Best interests

         4. Section 5: Acts in connection with care or treatment

         5. Section 6: Section 5 acts: limitations

         6. Section 7: Payment for necessary goods and services

         7. Section 8: Expenditure

      3. Lasting powers of attorney

         1. Section 9: Lasting powers of attorney

         2. Section 10: Appointment of donees

         3. Section 11: Lasting powers of attorney: restrictions

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

         5. Section 13: Revocation of lasting powers of attorney

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

      4. General powers of the court and appointment of deputies

         1. Section 15: Power to make declarations

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

         3. Section 17: Section 16 powers: personal welfare

         4. Section 18: Section 16 powers: property and affairs

         5. Section 19: Appointment of deputies

         6. Section 20: Restrictions on deputies

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

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

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

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

      6. Advance decisions to refuse treatment

         1. Section 24: Advance decisions to refuse treatment: general

         2. Section 25: Validity and applicability of advance decisions

         3. Section 26: Effect of advance decisions

      7. Excluded decisions

         1. Section 27: Family relationships

         2. Section 28: Mental Health Act matters

         3. Section 29: Voting rights

      8. Research

         1. Section 30: Research

         2. Section 31: Requirements for approval

         3. Section 32: Consulting carers

         4. Section 33: Additional safeguards

         5. Section 34: Loss of capacity during research project

      9. Independent mental capacity advocate service

         1. Section 35: Appointment of independent mental capacity advocates

         2. Section 36: Functions of independent mental capacity advocates

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

         4. Section 38: Provision of accommodation by NHS body

         5. Section 39: Provision of accommodation by local authority

         6. Section 40: Exceptions

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

         8. Section 42: Codes of practice

         9. Section 43: Codes of practice: procedure

         10. Section 44: Ill-treatment or neglect

   2. Part 2: the Court of Protection and the Public Guardian

      1. The Court of Protection

         1. Section 45: The Court of Protection

         2. Section 46: The judges of the Court of Protection

      2. Supplementary powers

         1. Section 47: General powers and effect of orders

         2. Section 48: Interim orders and directions

         3. Section 49: Power to call for reports

      3. Practice and procedure

         1. Section 50: Applications to the Court of Protection

         2. Section 51: Court of Protection Rules

         3. Section 52: Practice directions

         4. Section 53: Rights of appeal

      4. Fees and costs

         1. Section 54: Fees

         2. Section 55: Costs

         3. Section 56: Fees and costs: supplementary

      5. The Public Guardian

         1. Section 57: The Public Guardian

         2. Section 58: Functions of the Public Guardian

         3. Section 59: Public Guardian Board

         4. Section 60: Annual report

      6. Court of Protection Visitors

         1. Section 61: Court of Protection Visitors

   3. Part 3: Miscellaneous and General

      1. Declaratory provision

         1. Section 62: Scope of the Act

      2. Private international law

         1. Section 63: International Protection of Adults

      3. General

         1. Section 66: Existing receivers and enduring powers of attorney

         2. Section 67: Minor consequential amendments and repeals

7. Schedules

   1. Schedule 1: Lasting powers of attorney: formalities

      1. Part 1: Making instruments

      2. Part 2: Registration

      3. Part 3: Cancellation of registration and notification of severance

      4. Part 4: Records of alterations in registered powers

   2. Schedule 2: Property and affairs: supplementary provisions

   3. Schedule 3: International protection of adults

      1. Part 1: Preliminary

      2. Part 2: Jurisdiction of competent authority

      3. Part 3: Applicable law

      4. Part 4: Recognition and enforcement

      5. Part 5: Co-operation

      6. Part 6: General

   4. Schedule 4: Provisions applying to existing enduring powers of attorney

      1. Part 1: Enduring powers of attorney

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

      3. Part 3: Notification prior to registration

      4. Part 4: Registration

      5. Part 5: Legal position after registration

      6. Part 6: Protection of attorney and third parties

      7. Part 7: Joint and joint and several attorneys

   5. Schedule 5: Transitional provisions and savings

8. Commencement

9. Parliamentary Stages