The Mental Capacity Act gained Royal Assent in April 2005. The Act clarifies the common law principles and best practice on capacity, and replaces Part 7 of the Mental Health Act 1983 and the Enduring Powers of Attorney Act 1985. This guide offers an analysis of the provisions of the Mental Capacity Act 2005, with full text of the Act.

The Mental Capacity Act gained Royal Assent in April 2005. The Act clarifies the existing common law principles and best practice on capacity, and will replace Part 7 of the Mental Health Act 1983 and the Enduring Powers of Attorney Act 1985. Major changes provided for by the Act include: a definition of mental capacity; a test of mental capacity; a new scheme of Lasting Powers of Attorney; rules on advance decisions to refuse treatment (living wills); a new criminal offence of ill treatment of neglect of those lacking capacity; a restructured Court of Protection with wider powers to make decisions on financial, health and welfare issues; a new office of the Public Guardian to register Lasting Powers of Attorney and Deputies; and, new officials, including Court of Protection Visitors and Independent Mental Capacity Advocates. This concise guide offers a clear and authoritative analysis of the provisions of the Mental Capacity Act 2005. The authors are experienced practitioners who give legal and practical insights derived from the application of the current common law scheme which the Act has codified. This book includes the full text of the Mental Capacity Act 2005.

Foreword
1. Introduction
2. The principles
3. Preliminaries
4. The Court of Protection
5. Lasting powers of attorney
6. Acts in connection with care or treatment
7. Powers of the court and the appointment of deputies
8. Advance decisions to refuse treatment
9. Research
10. The Independent Mental Capacity Advocate (IMCA) Service
11. The offence of ill-treatment or neglect
12. Public Guardian.
Appendix: A. Mental Capacity Act 2005
B. Explanatory Notes to the Mental Capacity Act 2005
C. Mental Capacity Bill: Draft Code of Practice
D. Practice Note: Official Solicitor: Declaratory Proceedings: Medical and Welfare decisions for adults who lack capacity
E. DoH (interim guidance) - Advice on the decision of the ECHR in the case of HL v UK (The 'Bournewood' Case)
F. Further reading
G. Websites.