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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
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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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