Mental Capacity Act 2008
Table of Contents
Long Title
Part 1 PRELIMINARY
1 Short title
2 Interpretation
Part 2 PERSONS WHO LACK CAPACITY
3 Principles
4 Persons who lack capacity
5 Inability to make decisions
6 Best interests
Part 3 ACTS IN CONNECTION WITH CARE OR TREATMENT
7 Acts in connection with care or treatment
8 Section 7 acts: limitations
9 Payment for necessary goods and services
10 Expenditure
Part 3A ELECTRONIC TRANSACTION SYSTEM*
10A Interpretation of this Part
10B Establishment of electronic transaction system
10C Requirement to use electronic transaction system
10D Electronic transaction system malfunction, errors and omissions
Part 4 LASTING POWERS OF ATTORNEY
11 Lasting powers of attorney
12 Appointment of donees
12A Execution of lasting power of attorney
12B Validation
13 Lasting powers of attorney: restrictions
14 Scope of lasting powers of attorney: gifts
15 Revocation of lasting powers of attorney, etc.
15A Rectification by Public Guardian
16 Protection of donees and others if lasting power of attorney not validly created, revoked or suspended, etc.
16A Protection of donees and others if electronic copy of lasting power of attorney has relevant error
17 Powers of court in relation to validity of lasting powers of attorney
18 Powers of court in relation to operation of lasting powers of attorney
Part 5 GENERAL POWERS OF COURT AND APPOINTMENT OF DEPUTIES
19 Power to make declarations
20 Powers to make decisions and appoint deputies: general
21 Powers to make decisions and appoint deputies: minors
22 Section 20 powers: personal welfare
23 Section 20 powers: property and affairs
24 Appointment of deputies
25 Restrictions on deputies
25A Professional deputies
Part 6 EXCLUDED DECISIONS AND DECLARATORY PROVISIONS
26 Excluded decisions
27 Mental Health (Care and Treatment) Act 2008 matters
28 Voting rights
29 Scope of Act
Part 7 PUBLIC GUARDIAN AND BOARD OF VISITORS
30 Public Guardian
31 Functions of Public Guardian
31A Public Guardian may interview donor
32 Powers of investigation by Public Guardian
32A Evidence of transaction with Public Guardian
33 Appointment of auditors
33A Rectification or updating on Public Guardian’s initiative
34 Protection from personal liability
35 Board of Visitors
Part 8 SUPPLEMENTARY POWERS, PRACTICE AND PROCEDURE OF COURT
36 Interim orders and directions
36A Orders of suspension
37 Power to call for reports
38 Applications to court
39 Family Justice Rules
40 Costs
Part 9 MISCELLANEOUS
41 Codes of practice
42 Ill-treatment
43 Information relating to persons who lack capacity
43A Notification of change of address
43B General exemption
43C Service of documents
44 Jurisdiction of District Court
45 Amendment of Schedules
46 Regulations
47 Savings and transitional provisions
Legislative History
Abbreviations
Comparative Table