Propose a change

Mental Capacity Act 2005

Write the words of this act the way you think they should read. Solon shows your change as a redline against the published text and pins it to that exact text, so it can never be applied to wording you did not see.

Change 1

What to do with it
As published

50 Applications to the Court of Protection

(1) No permission is required for an application to the court for the exercise of any of its powers under this Act— (a) by a person who lacks, or is alleged to lack, capacity, (b) if such a person has not reached 18, by anyone with parental responsibility for him, (c) by the donor or a donee of a lasting power of attorney to which the application relates, (d) by a deputy appointed by the court for a person to whom the application relates, or (e) by a person named in an existing order of the court, if the application relates to the order. (1A) Nor is permission required for an application to the court under section 21A by the relevant person's representative. (2) But, subject to Court of Protection Rules and to paragraph 20(2) of Schedule 3 (declarations relating to private international law), permission is required for any other application to the court. (3) In deciding whether to grant permission the court must, in particular, have regard to— (a) the applicant's connection with the person to whom the application relates, (b) the reasons for the application, (c) the benefit to the person to whom the application relates of a proposed order or directions, and (d) whether the benefit can be achieved in any other way. (4) “Parental responsibility” has the same meaning as in the Children Act 1989 (c. 41).

Your change, as a redline

50 Applications to the Court of Protection

(1) No permission is required for an application to the court for the exercise of any of its powers under this Act— (a) by a person who lacks, or is alleged to lack, capacity, (b) if such a person has not reached 18, by anyone with parental responsibility for him, (c) by the donor or a donee of a lasting power of attorney to which the application relates, (d) by a deputy appointed by the court for a person to whom the application relates, or (e) by a person named in an existing order of the court, if the application relates to the order. (1A) Nor is permission required for an application to the court under section 21A by the relevant person's representative. (2) But, subject to Court of Protection Rules and to paragraph 20(2) of Schedule 3 (declarations relating to private international law), permission is required for any other application to the court. (3) In deciding whether to grant permission the court must, in particular, have regard to— (a) the applicant's connection with the person to whom the application relates, (b) the reasons for the application, (c) the benefit to the person to whom the application relates of a proposed order or directions, and (d) whether the benefit can be achieved in any other way. (4) “Parental responsibility” has the same meaning as in the Children Act 1989 (c. 41).

One line that says what changes, such as "Halve the dog tax".

Who it helps, what it costs, what it fixes. It is what persuades people to support it.

A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.

Sign in to file your proposal. What you have written stays on this page.

Sign in to file it

Think it through

Ask what your change would do, who would gain and who would bear a cost, and where something like it is already law. The assistant reads your draft as it stands, cites the law and the studies it finds, and takes no side. What you file stays yours.

Questions to start with
Think it through
Legal information from the published text, not advice for your case. Check the sources. Find a law · What the register holds