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The Mental Capacity Act 2005 is a law which received Royal Assent on the 7th April 2007 and came into force 1st October 2007. The Mental Capacity Act will affect the way in which we all work in care. The MCA works with other existing legislation eg. The Mental Health Act 1983. The MCA can be used to treat people with mental health problems who lack capacity. The MCA cannot be used to detain people or deprive them of their liberty.
The new Act applies to every person who works in a health and social care setting that is involved in care, treament or support of people aged over 16 years living in England and Wales, who are unable to make all or some decisions for themselves.

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