Court of Protection: Mental Capacity Act

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.

Legal Services - Mental Capacity Act

What does it deal with?

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.

What is it based on?

The Act is based on 2 fundamental principles:

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Julie Cornes - Education Law and Community Care Solicitor - Simpson Millar LLP - London

Julie Cornes
Partner, Court of Protection (Capacity & Deprivation of Liberty)

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