Skip to main content

Commons Briefing paper by Catherine Fairbairn and Kate Haire. It was first published on Tuesday, 5 October 2004. It was last updated on Tuesday, 5 October 2004.


Mental Capacity Bill (Bill 120 of 2003/04)

The Mental Capacity Bill became the Mental Capacity Act 2005, which came into force during 2007. As amended, it provides a legal framework and statutory code of practice for decision-making on behalf of those who lack capacity to make decisions for themselves, creates a statutory basis for advance directives to refuse treatment (“living wills”), and provides safeguards relating to deprivation of liberty. The Act also established a new Court of Protection and the Office of the Public Guardian.

Download full report


Secondary information

Type
Research briefing
Reference
RP04-73 
Related items
Subjects
Codes of practice Courts Consent to medical treatment Advocacy Euthanasia Mental illness Medical treatments Protection Mental capacity Patients' rights Powers of attorney Research Public Guardianship Office Court of protection
Legislation
Mental Capacity Bill 2003/04 to 2004/05
Published by
Home Affairs Section
Science and Environment Section
House of Commons Library
Link
View this Research briefing on researchbriefings.parliament.uk