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Mental Capacity Act
Best Interests, Safeguarding Adults - and delivering modern models of care
The Mental Capacity Act (MCA) came fully into force on 1st October 2007, and has implications for clients, families, carers, front line and senior management of Local Authorities, care providers and Primary Care Trusts.
Broadly, the Act states that everyone should be treated as able to make their own decisions until it is shown that they can't. It aims to enable people to make their own decisions for as long as they are capable of doing so.
Lack of capacity could be due to a range of causes, including dementia, stroke, mental health problems, brain injury and severe learning disability. The Act requires that capacity to make a decision is established at the time the decision needs to been made.
There is now a new criminal offence of neglect or ill-treatment of a person who lacks capacity.
Expert contributor, Belinda Schwehr, a solicitor and barrister specialising in adults' social services, health care law and human rights, has put together a thought-provoking commentary on the act and its implications for those involved in providing or receiving care.
Click the links below to read more
Unsolved mysteries under the Act – look out for caselaw coming your way soon….
What will have to change, in general?
What will have to change about responding to incapacity?
What will need to change in relation to dispute resolution?
What will change in relation to best interests?
Suggested issues for senior management’s attention in the public and private sectors
Links to source materials
You can contact the author
by email, or through her website www.careandhealthlaw.com
(it will open in a new browser window)
