Research Briefing
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.