Other measures in the Mental Capacity Act 2005

The Act introduces a new criminal offence of ill-treatment or neglect of a person who lacks mental capacity. These offences apply to people who lack capacity of any age, including people who are under 18.

There have been a number of prosecutions using these new offences, sometimes known as ‘section 44.’

The Act includes new guidelines for undertaking research involving people who lack mental capacity, including the approval of appropriate research and safeguards to protect people who lack capacity.

The Act established the Court of Protection and the Public Guardian, who is supported by the Office of the Public Guardian (OPG).

The Court is the final decision maker on matters relating to people who lack mental capacity.

In cases where there is dispute or a lack of clarity, the Court of Protection will decide on assessments of mental capacity, make best interests decisions or appoint deputies to act for the person.

The Office of the Public Guardian regulates and monitor the work of Lasting Powers of Attorney (LPAs), Enduring Powers of Attorney (EPAs) and court appointed deputies.

The Mental Capacity Act Code of Practice  provides detailed guidance for professionals and all people involved in the care of people who lack capacity.

The Deprivation of Liberty Safeguards (DOLS) - an amendment to the Act came into effect on 1 April 2009.