The Mental Capacity Act 2005

Clinical Ethics 1 (1):33-36 (2006)
The Mental Capacity Act, which received Royal Assent in April 2005, will come into force in April 2007. The Act puts into statute the legality of interventions in relation to adults who lack capacity to make decisions on their own behalf. The aim of this paper is to outline the main features of the legislation and its impact on those health care professionals who provide care and treatment for incapacitated adults. The paper sets out the underlying ethical principles that govern interventions under the Act's powers and briefly explores the legal definition of incapacity and the process by which capacity is assessed. It looks at the governing notion of 'best interests' and at the legal indemnity provided by the Act for interventions that are in the best interests of an incapacitated adult. It contains sections on the Act's main innovations, including research involving incapacitated adults, lasting powers of attorney and the new Court of Protection. It also provides information on advance decisions to refuse treatment
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1258/147775006776173309
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 16,661
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles
Tim Thornton (2011). Capacity, Mental Mechanisms, and Unwise Decisions. Philosophy, Psychiatry, and Psychology 18 (2):127-132.
Ajit Shah (2011). Mental Competence or Best Interests? Philosophy, Psychiatry, and Psychology 18 (2):151-152.
Ajit Shah (2011). The Pragmatic Aspects of Assessing Mental Capacity. Philosophy, Psychiatry, and Psychology 18 (2):133-134.
Neelke Doorn (2011). Conceptualization or Assessment: One at a Time or Both? Philosophy, Psychiatry, and Psychology 18 (2):153-155.

Monthly downloads

Added to index


Total downloads

6 ( #336,406 of 1,726,249 )

Recent downloads (6 months)

1 ( #369,877 of 1,726,249 )

How can I increase my downloads?

My notes
Sign in to use this feature

Start a new thread
There  are no threads in this forum
Nothing in this forum yet.