MENTAL CAPACITY ACT

KEY BENEFITS

The legislation aims to provide a new legal framework for decision-making on behalf of adults who lack mental capacity. It:

• Sets out a number of key principles governing decision-making for people who may lack capacity. These principles stress the autonomy of the individual and importance of focussing decision-making around the person concerned;
• Provides for lasting powers of attorney (LPAs), court-appointed deputies, single court orders and advance decisions to refuse treatment, and for decisions in connection with care or treatment;
• Provides for an additional safeguard in the form of an independent mental capacity advocate for particularly vulnerable groups in specific circumstances;
• Provides for properly regulated health and social research involving people who lack capacity;
• Introduces a new Court of Protection and a Public Guardian, which will give practical effect to the new legal framework.

IMPLEMNTATION

The provisions of the Act will be fully implemented by 2007-2008.

TERRITORIAL EXTENT

The Bill applies to England and Wales only.

CONTACT

If you have any comments on the proposals you can email them to:
makingdecisions@dca.gsi.gov.uk