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Contents

Long Title

Part I PRELIMINARY

Part II PERSONS WHO LACK CAPACITY

Part III ACTS IN CONNECTION WITH CARE OR TREATMENT

Part IV LASTING POWERS OF ATTORNEY

Part V GENERAL POWERS OF COURT AND APPOINTMENT OF DEPUTIES

Part VI EXCLUDED DECISIONS AND DECLARATORY PROVISIONS

Part VII PUBLIC GUARDIAN AND BOARD OF VISITORS

Part VIII SUPPLEMENTARY POWERS, PRACTICE AND PROCEDURE OF COURT

Part IX MISCELLANEOUS

FIRST SCHEDULE Lasting Powers of Attorney: Formalities

SECOND SCHEDULE Property and Affairs: Supplementary Provisions

THIRD SCHEDULE Savings and Transitional Provisions

Legislative Source Key

Legislative History

 
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On 25/10/2014, you requested the version in force on 25/10/2014 incorporating all amendments published on or before 25/10/2014. The closest version currently available is that of 31/03/2010.
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Mental Capacity Act
(CHAPTER 177A)

(Original Enactment: Act 22 of 2008)

REVISED EDITION 2010
(31st March 2010)
An Act to make new provision relating to persons who lack capacity and to provide for matters connected therewith.
[1st March 2010]
PART I
PRELIMINARY
Short title
1.  This Act may be cited as the Mental Capacity Act.
Interpretation
2.
—(1)  In this Act, unless the context otherwise requires —
“clinical trial” means a clinical trial within the meaning of the Medicines Act (Cap. 176) or the Health Products Act (Cap. 122D);
“court” means the High Court;
“deputy” has the meaning given to it in section 20(2)(b);
“donee” has the meaning given to it in section 11(1);
“lasting power of attorney” has the meaning given to it in section 11;
“life-sustaining treatment”, in relation to a person, means treatment which, in the view of another person providing health care for that person, is necessary to sustain life;
“property” includes any thing in action and any interest in real or personal property;
“Public Guardian” has the meaning given to it in section 30;
“registered medical practitioner” means any person who is registered as a medical practitioner under the Medical Registration Act (Cap. 174);
“treatment” includes a diagnostic or other procedure;
“will” includes codicil.
(2)  In this Act, references to making decisions, in relation to a donee of a lasting power of attorney or a deputy appointed by the court, include, where appropriate, acting on decisions made.