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
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It sets out to protect vulnerable people.
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It sets out a framework for assessing capacity.
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It states that mental capacity is decision specific.
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There is no discrimination based on age, condition,
behaviour etc.
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Sets out a 'best interests' checklist to be used by
those who make decisions.
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Integrates current common law into status
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Creates a new Court of Protection
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Creates a new Public Guardian
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Creates the Independent Mental Capacity Advocacy
Service.
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A new criminal offence of ill treatment or neglect
of someone who lacks capacity.
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The Act sets out clear parameters for research
around people who lack capacity.
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