Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

ACT definition

What does ACT mean? In corporate and banking practice, ACT usually refers to the Association of Corporate Treasurers, the UK-based professional body for corporate treasury professionals, rather than a statutory “Act”. It is not defined in legislation or case law; the acronym is market terminology used in transaction documents and governance materials. The Association of Corporate Treasurers promotes professional standards in liquidity management, funding, cash and risk management, foreign exchange and derivatives. It publishes guidance and a code of ethics and awards recognised qualifications (including AMCT and FCT). In legal contexts, references to “ACT-qualified” personnel or to ACT good practice may appear in treasury policies,...

Mental capacity in housing, care and proceedings: MCA 2005 principles, best interests, homelessness eligibility, carers’ protection and CPR Part 21 litigation friends (England and Wales)

Published by a LexisNexis Local Government expert

Practice notes

This Practice Note outlines that the Mental Capacity Act 2005 (MCA 2005) presumes adults have capacity to make informed choices unless proven otherwise. It summarises the principles that steer capacity assessments and a person’s ability to reason through a decision under the MCA 2005, and refers to the Code of Practice for people working with, or caring for, individuals who lack capacity. It addresses the MCA 2005 definition of a person’s best interests where capacity is absent and the protections available to those responsible for their care. It clarifies that the ability to decide is both time‑specific and decision‑specific, and the considerations when evaluating capacity to choose where to live and what care to receive. It further explains that assessments must relate to the specific decision at the material time, rather than a broad, overall competence.

Presumption of capacity for adults

MCA 2005, s 1(2) establishes a presumption that adults possess capacity. In the absence of evidence to the contrary, a person is taken to retain capacity to make informed decisions. The requisite standard of proof is the balance of probabilities (MCA 2005, s 2(4))...

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Rebecca Roscoe , TEP

RJR Legal Ltd

Rebecca is the founder of RJR Legal ltd a niche private client practice based just outside Manchester. RJR Legal provides bespoke advice to a wide range of clients including a number of private family businesses. In addition to her role in private practice, Rebecca undertakes consultancy services to other firms supporting their private client practice. Finally, Rebecca lectures for the CLT international on the STEP Certificate in Trusts and Estates as well as the Advanced Certificate in Trust Administration. She also provides PSC courses for BPP and online public courses for MBL Seminars. ...

Rebecca Handcock

Field Court Chambers

Rebecca is regularly instructed by local authorities and persons lacking capacity (including through the Official Solicitor). Her cases often raise complex issues – including dealing with extreme hoarding cases, cases involving medical treatment, and cases involving contact with others including sexual contact.She is often instructed to deal with matters related to an individual’s deprivation of liberty, including challenges under section 21A of the Mental Capacity Act 2005. Rebecca also has a busy Inquest and Inquiries practice, including large long-term projects such as the Covid Inquiry, in respect of which Rebecca has been instructed since 2022.Rebecca has experience being instructed by central and local government in matters which cover varied and often high profile subject matter, regularly attracting media attention. In her Inquest work, Rebecca regularly takes instructions in respect of Inquests where the subject matter overlaps with other areas of her practice (e.g. the deaths of those with...

Web page updated on 21/05/2026

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