Mental Capacity Act 2005 - implemented 1 April 2007

The new Independent Mental Capacity Advocate (IMCA) service became operational on 1 April 2007.

Sections 1-4 of the Mental Capacity Act (the principles, assessing capacity and determining best interests) are essential to how IMCAs will operate. They also come into force on 1 April but only for the purposes of where an IMCA is involved and for the criminal offence.

The new criminal offences of ill-treatment or wilful neglect of adults and children will come into force in England and Wales from 1 April 2007.

Other aspects of the Mental Capacity Act will be implemented on 1 October 2007.

We will all have new responsibilities from 1 April for meeting the needs of those (usually aged 16 years or over) who need assistance with making decisions and those who may not have the ability to make important decisions regarding their future social care, nursing, medical or safeguarding needs.

Please find information in the more information section of this page on the requirements of the Mental Capacity Act, how it will be implemented in Derbyshire and information on Advance Decisions to Refuse Treatment.

The documents in the more information section are available in Portable Document Format (PDF). You can download the PDF software for free if it isn't available on your computer. Download Adobe Reader (opens in a new window) or visit our PDF information page.

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