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Draft Mental Incapacity Bill
 — Volume 1: Report, together with formal minutes
Author(s)Lord Carter
Corporate AuthorJoint Committee on the Draft Mental Incapacity Bill, House of Lords and House of Commons
PublisherThe Stationery Office, London, 17 November 2003
Pages150 pp (HL Paper 189-I; HC 1083-I Session 2002-03)
SourceTSO, PO Box 29, Norwich NR3 1GN. Download pdf (4/8/04): www.dca.gov.uk
KeywordsMental disorder ; Court of protection ; Law ; Government publications.
AnnotationThe draft Mental Incapacity Bill was scrutinised by the Joint Committee, which considered more than 1200 written submissions and heard evidence from 61 witnesses. On the whole, the Committee endorses the principles and general direction of the draft Bill and its widely-supported aim of replacing common law uncertainties by a comprehensive statutory framework to define mental incapacity, and to help those lacking it to make their own decisions when they can and enable sound decisions to be made for them when they cannot. The report considers the draft Bill's main clauses on decision-making capacity, best interests, the "general authority", lasting powers of attorney, the Court of Protection, advance decisions to refuse treatment, linkage with the Mental Health Act/Bill, and codes of practice. Other subjects examined are protection against abuse and exploitation, medical research, advocacy, resources, and access to information. The report notes that the draft Bill has provoked strong feelings, both positive and negative, and while sympathising with some of the anxieties expressed, the Committee believes many of them to be misplaced. (RH).
Accession NumberCPA-040805201 B
ClassmarkE: JVC: VR: 6OA

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