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The Act, which came into force in 2007, established a legal framework which sets out how decisions should be made by and on behalf of adults whose capacity to make specific decisions is in doubt.
Specific additional provisions were also added to the Act in 2008 to deal with the concerns arising from a situation where an individual is deprived of their liberty.
The Act deals with the making of decisions in relation to:
This can include, for example, decisions as to where an individual should live, what care they should receive and who they should have contact with. It can also include issues such as whether a person has capacity to make decisions about sexual relations or to make decisions regarding contraception.
The Act is based on 2 fundamental principles:
For further information contact us on freephone: 0808 129 3320 or please complete our online enquiry form.
Partner, Court of Protection (Capacity & Deprivation of Liberty)