Centre for Policy on Ageing



Capacity and consent
Corporate Author	Policy Unit, Age Concern England - ACE
Publisher	Age Concern England - ACE, London, 2006
Pages	15 pp (Policy position papers)
Source	Age Concern England, 1268 London Road, London SW16 4EJ.
Keywords	Mental disorder ; Rights [elderly] ; Law ; Social policy ; Age Concern.
Annotation	Capacity is defined in law in the Mental Capacity Act 2005, which states that "a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain". This paper deals primarily with the issue of individual capacity and consent in the process of making a decision and not the issues that may affect the range of people's choices. It outlines the key principles and provisions of the 2005 Act relating to capacity and consent; and it considers issues such as advocacy and elder abuse. The paper covers the position in England and Wales. Scotland has relatively similar legislation which came into force in 2003; currently there is no equivalent legislation for Northern Ireland. (RH).
Accession Number	CPA-100528205 P
Classmark	E: IKR: VR: TM2: PT *
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...from the Ageinfo database published by Centre for Policy on Ageing.