Introduction
Summary and Background
The Act
Part 1: Persons who lack capacity
Part 2: The Court of Protection and the Public Guardian
Part 3: Miscellaneous and General
Compatibility With Echr
Territorial Extent
Territorial Application: Wales
Commentary on Sections
Part 1: Persons Who Lack Capacity
The principles
Section 1: The principles
Preliminary
Section 2: People who lack capacity
Section 3: Inability to make decisions
Section 4: Best interests
Section 5: Acts in connection with care or treatment
Section 6: Section 5 acts: limitations
Section 7: Payment for necessary goods and services
Section 8: Expenditure
Lasting powers of attorney
Section 9: Lasting powers of attorney
Section 10: Appointment of donees
Section 11: Lasting powers of attorney: restrictions
Section 12: Scope of lasting powers of attorney: gifts
Section 13: Revocation of lasting powers of attorney
Section 14: Protection of donee and others if no power created or power revoked
General powers of the court and appointment of deputies
Section 15: Power to make declarations
Section 16: Powers to make decisions and appoint deputies: general
Section 17: Section 16 powers: personal welfare
Section 18: Section 16 powers: property and affairs
Section 19: Appointment of deputies
Section 20: Restrictions on deputies
Section 21: Transfer of proceedings relating to people under 18
Powers of the court in relation to lasting powers of attorney
Section 22: Powers of court in relation to validity of lasting powers of attorney
Section 23: Powers of court in relation to operation of lasting powers of attorney
Advance decisions to refuse treatment
Section 24: Advance decisions to refuse treatment: general
Section 25: Validity and applicability of advance decisions
Section 26: Effect of advance decisions
Excluded decisions
Section 27: Family relationships etc.
Section 28: Mental Health Act matters
Section 29: Voting rights
Research
Section 30: Research
Section 31: Requirements for approval
Section 32: Consulting carers etc
Section 33: Additional safeguards
Section 34: Loss of capacity during research project
Independent mental capacity advocate service
Section 35: Appointment of independent mental capacity advocates
Section 36: Functions of independent mental capacity advocates
Section 37: Provision of serious medical treatment by NHS body
Section 38: Provision of accommodation by NHS body
Section 39: Provision of accommodation by local authority
Section 40: Exceptions
Section 41: Power to adjust role of independent mental capacity advocate
Section 42: Codes of practice
Section 43: Codes of practice: procedure
Section 44: Ill-treatment or neglect
Part 2: the Court of Protection and the Public Guardian
The Court of Protection
Section 45: The Court of Protection
Section 46: The judges of the Court of Protection
Supplementary powers
Section 47: General powers and effect of orders etc.
Section 48: Interim orders and directions
Section 49: Power to call for reports
Practice and procedure
Section 50: Applications to the Court of Protection
Section 51: Court of Protection Rules
Section 52: Practice directions
Section 53: Rights of appeal
Fees and costs
Section 54: Fees
Section 55: Costs
Section 56: Fees and costs: supplementary
The Public Guardian
Section 57: The Public Guardian
Section 58: Functions of the Public Guardian
Section 59: Public Guardian Board
Section 60: Annual report
Court of Protection Visitors
Section 61: Court of Protection Visitors
Declaratory provision
Section 62: Scope of the Act
Private international law
Section 63: International Protection of Adults
General
Section 66: Existing receivers and enduring powers of attorney etc.
Section 67: Minor consequential amendments and repeals
Schedules
Schedule 1: Lasting powers of attorney: formalities
Part 1: Making instruments
Part 2: Registration
Part 3: Cancellation of registration and notification of severance
Part 4: Records of alterations in registered powers
Schedule 2: Property and affairs: supplementary provisions
Schedule 3: International protection of adults
Part 1: Preliminary
Part 2: Jurisdiction of competent authority
Part 3: Applicable law
Part 4: Recognition and enforcement
Part 5: Co-operation
Part 6: General
Schedule 4: Provisions applying to existing enduring powers of attorney
Part 1: Enduring powers of attorney
Part 2: Action on actual or impending incapacity of donor
Part 3: Notification prior to registration
Part 4: Registration
Part 5: Legal position after registration
Part 6: Protection of attorney and third parties
Part 7: Joint and joint and several attorneys
Schedule 5: Transitional provisions and savings
Commencement
Parliamentary Stages