Mental Capacity Act 2008

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to make new provision relating to persons who lack capacity and to provide for matters connected therewith.

[1 March 2010: Except sections 13(9) and 26(l)]

PART 1

PRELIMINARY

Short title

1. This Act is the Mental Capacity Act 2008.

Interpretation

2.—(1) In this Act, unless the context otherwise requires —

“appropriate consent” has the meaning given by the Human Biomedical Research Act 2015;

“clinical trial” means a clinical trial within the meaning of the Medicines Act 1975 or the Health Products Act 2007;

“court” means the General Division of the High Court or a Family Court;

“deputy” has the meaning given by section 20(2)(b);

“donee” has the meaning given by section 11(1);

“lasting power of attorney” has the meaning given by section 11;

“life-sustaining treatment”, in relation to a person, means treatment which, in the view of another person providing health care for that person, is necessary to sustain life;

“professional deputy” means a person —

(a)	who offers or provides the services of a deputy for remuneration; and
(b)	who is registered with the Public Guardian as a professional deputy;

“professional donee” means a person —

(a)	who is a professional deputy or is within a class of persons prescribed as qualified to be a professional donee; and
(b)	who offers or provides the services of a donee for remuneration;

“property” includes any thing in action and any interest in real or personal property;

“Public Guardian” means the Public Guardian appointed under section 30(1) and, unless the context otherwise requires, includes any Assistant Public Guardian appointed under section 30(1A);

“registered medical practitioner” means any person who is registered as a medical practitioner under the Medical Registration Act 1997;

“treatment” includes a diagnostic or other procedure;

“will” includes codicil.

[27/2014; 29/2015; 10/2016; 40/2019]

(2) In this Act, references to making decisions, in relation to a donee of a lasting power of attorney or a deputy appointed by the court, include, where appropriate, acting on decisions made.

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