the mental capacity act came into force in 2005.
the mental capacity act came into force in 2005.
when did the mental capacity act came into force?
2005
bullet::::- the act generally applies only to those over the age of 16 years, although may apply to some younger people if it is supposed that their capacity will continue to be impaired into adulthood.









































section::::section 68: commencement and extent.









































the following orders have been made under this section:









































bullet::::- the mental capacity act 2005 (commencement no.1) order 2006 (s.i. 2006/2814 (c. 95))









































bullet::::- the mental capacity act 2005 (commencement no.1) (amendment) order 2006 (s.i. 2006/3473 (c. 133))









































bullet::::- the mental capacity act 2005 (commencement no. 2) order 2007 (s.i. 2007/1897 (c. 72))
mental capacity act 2005
this assessment is made on the balance of probabilities. the person has capacity if they can do all four of these things, and lacks capacity if they cannot do at least one of them. a mental capacity assessment in respect of a lower-level day-to-day decision may be made by a carer or relative and need not be formally recorded, but capacity assessments in respect of decisions that are complex or have important ramifications for the person are made by social workers, doctors or multi-disciplinary teams on behalf of local authorities and clinical commissioning groups, who have a lead role in implementing the mental capacity act and are required to keep formal records.
mental capacity in england and wales