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This remains the test today, notwithstanding the Mental Capacity Act 2005.
They were introduced following the 2005 Mental Capacity Act.
But its backers say it is a practical way of implementing the Mental Capacity Act, which came into force in 2007.
It is more usual for physical illnesses to be treated under the Mental Capacity Act 2005 where appropriate in these circumstances.
Explanatory notes to the Mental Capacity Act 2005.
The inquiry also examined safeguards to protect people detained under the Mental Capacity Act.
The Mental Capacity Act doesn’t define the phrase clearly.”
Police said the alleged offences were contrary to Section 44 of the Mental Capacity Act 2003.
The Mental Capacity Act has clarified matters because it establishes the legal framework for such decisions.
The Mental Capacity Act allows people to make an advance decision to refused specific treatment in specific circumstances.
The introduction of the Mental Capacity Act in 2007 required close family to be informed before power of attorney is granted.
Mrs Ball said the fight to save her mother had been made harder by the Mental Capacity Act.
The guidelines, which are an amendment of the Mental Capacity Act 2005, came into force in April, with full commencement early this month.
Created in 2007 under Labour's Mental Capacity Act, the court has sweeping powers to decide the fate of vulnerable people.
He noted that under the new Mental Capacity Act 2005, there was a statutory procedure which allowed people to make such advance decisions about their life.
In addition, a person who lacks capacity to serve as a juror under the Mental Capacity Act 2005 is also disqualified.
Under Britain's Mental Capacity Act, passed in 2005, courts can decide on medical treatments for people deemed incompetent.
Since its creation under the Mental Capacity Act 2005, the workload of the CoP has been massive.
In Wales, people may make an advance directive or appoint a proxy under the Mental Capacity Act 2005.
Issues considered by the committee include abortion, organ donation and presumed consent, patient confidentiality, and the Mental Capacity Act.
Best interests under the Mental Capacity Act includes "altruistic wishes" so a patient's desire to benefit others through donation is a relevant consideration.
Formerly National Implementation manager, Mental Capacity Act.
Select Committee on the Mental Capacity Act 2005 - Report, post-legislative scrutiny (www.parliament.uk)
This consultation resulted in the amendment of the Mental Capacity Act 2005 to contain the 'deprivation of liberty safeguards'.
Proceedings under the Mental Capacity Act begun in the High Court on or after 1 March 2010 are also dealt with by district courts.