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The Mental Capacity Act

 

The Mental Capacity Act enshrines in statute current best practice and common law principles concerning people who lack mental capacity and those who take decisions on their behalf. It replaces current statutory schemes for enduring powers of attorney and Court of Protection with reformed and updated schemes

 

         It sets out to protect vulnerable people.

         It sets out a framework for assessing capacity.

         It states that mental capacity is decision specific.

         There is no discrimination based on age, condition, behaviour etc.

         Sets out a 'best interests' checklist to be used by those who make decisions.

         Integrates current common law into status

         Creates a new Court of Protection

         Creates a new Public Guardian

         Creates the Independent Mental Capacity Advocacy Service.

         A new criminal offence of ill treatment or neglect of someone who lacks capacity.

         The Act sets out clear parameters for research around people who lack capacity.

 

IMCA Wales is part of the Mental Health Matters Wales group, a registered charity (1123842) and a Company limited by guarantee (6468412)

Copyright 2006 MHM Wales. All rights reserved