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By Professor A.
Published: February 2008
Capacity Act (MCA) 2005 came into force in two stages during 2007
and was fully in force from 1 October 2007.
All those associated in a professional or
caring capacity with someone aged 16 or older who is ‘unable
to make a decision for himself... because of an impairment of, or
disturbance in the functioning of, the mind or brain’ (MCA Section
2(1)) must have ‘regard to the Act and to its Code of
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