Mental Capacity Act 2008

PRELIMINARY

This Act is the Mental Capacity Act 2008.

—(1) In this Act, unless the context otherwise requires —“appropriate consent” has the meaning given by the Human Biomedical Research Act 2015;“clinical trial” means a clinical trial within the meaning of the Medicines Act 1975 or the Health Products Act 2007;“court” means the General Division of the High Court or a Family Court;“deputy” has the meaning given by section 20(2)(b);“donee” has the meaning given by section 11(1);“lasting power of attorney” has the meaning given by 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;“professional deputy” means a person —(a)who offers or provides the services of a deputy for remuneration; and(b)who is registered with the Public Guardian as a professional deputy;“professional donee” means a person —(a)who is a professional deputy or is within a class of persons prescribed as qualified to be a professional donee; and(b)who offers or provides the services of a donee for remuneration;“property” includes any thing in action and any interest in real or personal property;“Public Guardian” means the Public Guardian appointed under section 30(1) and, unless the context otherwise requires, includes any Assistant Public Guardian appointed under section 30(1A);“registered medical practitioner” means any person who is registered as a medical practitioner under the Medical Registration Act 1997;“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.

In this Act, unless the context otherwise requires —

“appropriate consent” has the meaning given by the Human Biomedical Research Act 2015;

“clinical trial” means a clinical trial within the meaning of the Medicines Act 1975 or the Health Products Act 2007;

“court” means the General Division of the High Court or a Family Court;

“deputy” has the meaning given by section 20(2)(b);

“donee” has the meaning given by section 11(1);

“lasting power of attorney” has the meaning given by 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;

“professional deputy” means a person —(a)who offers or provides the services of a deputy for remuneration; and(b)who is registered with the Public Guardian as a professional deputy;

“professional donee” means a person —(a)who is a professional deputy or is within a class of persons prescribed as qualified to be a professional donee; and(b)who offers or provides the services of a donee for remuneration;

“property” includes any thing in action and any interest in real or personal property;

“Public Guardian” means the Public Guardian appointed under section 30(1) and, unless the context otherwise requires, includes any Assistant Public Guardian appointed under section 30(1A);

“registered medical practitioner” means any person who is registered as a medical practitioner under the Medical Registration Act 1997;

“treatment” includes a diagnostic or other procedure;

“will” includes codicil.

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.