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Mental Capacity Act 2005 Code of Practice (PDF), Department for Constitutional Affairs, 2007 MCA (2005), The Mental Capacity Act 2005 , The National Archives , retrieved 25 August 2017 Aintree University Hospitals NHS Foundation Trust v James , British and Irish Legal Information Institute, 2013 , retrieved 25 August 2017
The Mental Capacity Act 2005 (c. 9) is an act of the Parliament of the United Kingdom applying to England and Wales. [3] 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.
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Lasting powers of attorney (LPAs) in English law were created under the Mental Capacity Act 2005, and came into effect on 1 October 2007. The LPA replaced the former enduring powers of attorney (EPA) which were narrower in scope. [1] Their purpose is to meet the needs of those who can see a time when they will lack capacity to look after their ...
The Mental Health Act Code of Practice is the best guide to the roles and responsibilities of each professional involved in Mental Health Act assessments. Though not statute law it functions as statutory guidance which professionals are expected to follow or give a good reason and rationale for not doing so.
The court held that HL should have been detained under the Mental Health Act 1983, as the common law only provided for situations not already encompassed by statute. The Court also commented that a troubling feature of the appeal was that the respondent Trust was not alone in misinterpreting the Act, and potentially the judgement could apply to ...
Mental health-related legal concepts include mens rea, insanity defences; legal definitions of "sane," "insane," and "incompetent;" informed consent; and automatism, amongst many others. Statutory law usually takes the form of a mental health statute. An example is the Mental Health Act 1983 in England and Wales. These acts codify aspects of ...
The person is judged not to have the capacity to understand the consequences of their refusal, determined by the Mental Capacity Act 2005. [22] The Mental Capacity Act applies to the administration of medication and treatment for any condition covertly. This is in contrast to the Mental Health Act, which applies to mental health, as above.