Mental Capacity Act/ DOLS Codes of Practice Update

20th November 2025

Professionals have to have regard to the Codes of Practice to the Mental Capacity Act 2005.   However, they can – and should – depart from them where they have been superseded by case-law which makes clear what the Act itself, the source of the law means. We have therefore prepared this entirely unofficial guide to those parts of the two Codes which are most obviously out of date

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