Have your say on the Mental Capacity Act 2005 Code of Practice

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Whilst it may seem like the blink of an eye to many, it has now been over 10 years since the Mental Capacity Act 2005 came into force on 1 October 2007.

How Have the Mental Capacity Act 2005 Principles Transformed Care?

Since the Mental Capacity Act 2005 came into force, the world of disability and mental capacity has changed, and there have been many developments in how we treat the most vulnerable in our society. Notably, there has been a lot of publicity recently about changes to the in respect of Deprivation of Liberty in the form of the Mental Capacity Act (Amendment) Bill 2017.

One of the greatest strengths of the Mental Capacity Act 2005 is that it is underpinned by a very clear and thorough Code of Practice. It was written to be easy to use and understand by all, which is particularly important as those seeking support from it will often be in emotionally difficult situations. It seeks to assist anyone involved in making decisions and assessments in respect of mental capacity, including those looking to make a Lasting Power of Attorney, people acting as a deputies and attorneys, people involved with care decisions, and those involved in litigation in the Court of Protection. It is a very important and useful publication.

What is the Future of the Mental Health Capacity Act Code of Practice?

The Code of Practice is currently being reviewed with a view to bringing it in line with changes to the law and practice over the past 10 years. The consultation is open until 7 March 2019, and I urge anyone involved in the world of mental capacity to submit their views on the shape of this cornerstone of mental capacity practice.

If you would like to learn more about mental capacity and how it applies to medical negligence law, please get in touch with our mental capacity specialists.