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Centre for Policy on Ageing | |
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| Review of the Mental Capacity Act 2005 | | Author(s) | Rowena Jones |
| Journal title | Psychiatric Bulletin, vol 29, no 11, November 2005 |
| Pages | pp 423-427 |
| Source | http://pb.rcpsych.org |
| Keywords | Mental disorder ; Court of protection ; Advocacy ; Law. |
| Annotation | Legislation to protect those with incapacity has built up in a piecemeal fashion, leading to concerns about abuse, particularly of the enduring power of attorney (EPA) system. Healthcare and welfare decisions are not covered by statute law, although gaps are partially filled with case law examples. Those making such decisions on behalf of the incapacitated rely on a common law defence of necessity to justify their actions. Professional bodies and voluntary organisations dealing with mental disability have lobbied the government for years to produce clear legislation; and the Mental Capacity Bill followed 16 years of consultation. The Mental Capacity Act received the Royal Assent in June 2005. However, it it not clear as yet when the Act will come into force, and further legislative procedure is still required. The author considers the extent to which the Act is likely to be effective with issues such as decision-making, advance directives and advocacy. It is unclear, though, whether cases such as "Bournewood" (R v Bournewood Mental Health NHS Trust ex parte L) would be resolved any more satisfactorily. (RH). |
| Accession Number | CPA-051213203 A |
| Classmark | E: JVC: IQ: VR |
Data © Centre for Policy on Ageing |
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| ...from the Ageinfo database published by Centre for Policy on Ageing. |
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