Mental Capacity Act 2005 v Mental Health Act 1983 as amended: Working in Collaboration or Opposition with regard to Capacity and Decision Making for individuals who are under the influence of Alcohol,


The Mental Capacity Act introduced in 2005 and implemented in 2009 may have brought about many changes in the way in which statute is applied to ensure that people, who present a risk to themselves or others, can be managed, particularly when they have been assessed as lacking the capacity to make decisions about their care and/or treatment.

This dissertation will explore the law surrounding the area of capacity, assessment, treatment and detention in the current climate and will also establish the difficulties of applying the law i.e. interpretation of statute and application of correct statute in situations where individuals have or are making unwise decisions . In doing this the dissertation will provide an insight into whether the Mental Health Act (MHA) 1983 and the Mental Capacity Act (MCA) 2005 work in collaboration or opposition in protecting indiviuals or others including the general public.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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