Mental Capacity Act 2005
View on legislation.gov.ukLast amended by Mental Capacity (Amendment) Act 2019 in 2019. Replaces DoLS with Liberty Protection Safeguards (LPS) — implementation pending.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
Provides a statutory framework for making decisions on behalf of people who lack mental capacity. Establishes five statutory principles, a functional test of capacity, best interests decision-making, lasting powers of attorney, advance decisions, the Court of Protection, and (as amended) the Deprivation of Liberty Safeguards.
Key Points
- Five statutory principles (s.1) including presumption of capacity
- Functional test of capacity (ss.2-3)
- Best interests checklist (s.4)
- Lasting Powers of Attorney — health & welfare and property & financial affairs (ss.9-14)
- Advance decisions to refuse treatment (ss.24-26)
- Court of Protection (Part 2)
- Deprivation of Liberty Safeguards (Schedule A1, inserted by MHA 2007)
- Independent Mental Capacity Advocates (s.35-41)
- A person is assumed to have capacity unless established otherwise (s.1(2))
- Capacity is assessed functionally and decision-specifically (s.2–3)
- Decisions made on behalf of incapacitated persons must be in their best interests (s.4)
- Lasting Powers of Attorney (LPA) allow a person to appoint a decision-maker for future incapacity (ss.9–14)
- The Court of Protection has jurisdiction over capacity disputes
- Advance decisions to refuse treatment are legally binding if valid and applicable (ss.24–26)
- Deprivation of Liberty Safeguards (DoLS) protect persons in care homes and hospitals
- Five statutory principles including presumption of capacity (s.1)
- Two-stage test for mental capacity (s.2–3)
- Best interests checklist for decisions made on behalf of incapacitated persons (s.4)
- Lasting Powers of Attorney for health/welfare and property/financial affairs (ss.9–14)
- Advance decisions to refuse treatment (ss.24–26)
- Court of Protection with power to make declarations and decisions (ss.15–23)
- Deprivation of Liberty Safeguards (Schedule A1) — to be replaced by Liberty Protection Safeguards
- Criminal offence of ill-treatment or wilful neglect of a person lacking capacity (s.44)
Parts & Sections
Amendments History
2007 — Mental Health Act 2007
Inserted Schedule A1 (Deprivation of Liberty Safeguards — DoLS) to provide a legal framework for authorising deprivation of liberty for persons lacking capacity.
2019 — Mental Capacity (Amendment) Act 2019
Replaces DoLS with Liberty Protection Safeguards (LPS) — implementation pending.
2019 — Mental Capacity (Amendment) Act 2019
Introduced the Liberty Protection Safeguards (LPS) to replace the Deprivation of Liberty Safeguards (DoLS), though implementation has been delayed.
2019 — Mental Capacity (Amendment) Act 2019
Introduced Liberty Protection Safeguards to replace the Deprivation of Liberty Safeguards, though implementation has been delayed.