Mental Capacity Act 2005 and Mental Health Act 1983: internal briefing document, Essex Autonomy Project

Examines the practical implications of the dual legislative regime governing involuntary treatment and how the Mental Capacity Act 2005 and the Mental Health Act 1983 interface. Whilst the MCA is concerned with individuals who lack capacity to make decisions for themselves, and legal protection for their carers/care workers, the MHA is concerned with minimising the undesirable effects of mental disorder by maximising patient safety and wellbeing and by protecting other people from harm.