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Mental Capacity Act 2005

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Mental Capacity Act 2005

The Mental Capacity Act 2005 (c. 9) is an act of the Parliament of the United Kingdom applying to England and Wales. Its primary purpose is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity to make particular decisions for themselves.

The five principles are outlined in Section 1 of the act. These are designed to protect people who lack capacity to make particular decisions and to maximise their ability to make decisions and participate in decision-making, as far as they are able to do so.

2. A person is not to be treated as unable to make a decision unless all practicable steps to help him/her to do so have been taken without success.

3. A person is not to be treated as unable to make a decision merely because he/she makes an unwise decision.

4. An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his/ her best interests.

The following orders have been made under this section:

The new measures that the Act introduced were:

April 2007

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