Question
The Mental Capacity Act does not apply to individuals who have been detained under the Mental Health Act. True. Choose one option then select Submit. False. Remember Choose 1 option
Answer
4.6
(316 Votes)
Ira
Veteran · Tutor for 9 years
Answer
False
Explanation
This statement is a matter of law and pertains to the application of the Mental Capacity Act and the Mental Health Act. The Mental Capacity Act (2005) is a law in the UK that empowers and protects individuals who may not be able to make some decisions independently, mainly due to their mental disabilities. On the contrary, the Mental Health Act (1983) allows for individuals to be detained or 'sectioned' in psychiatric hospital against their will for assessment or treatment. But, these two acts function collectively in the realm of mental health law — being detained under the Mental Health Act does not necessarily preclude the applicability of the Mental Capacity Act.