Mental Capacity Bill

This Bill sets out to clarify and reform some legal uncertainties in law where decisions are made on behalf of others.

Adults who lose their mental capacity, through dementia or brain injury, or are born with such a condition, will have new rules of protection for decisions made on their behalf.

Part 1 of the Bill, sets out a definition of "persons who lack capacity", along with key principles and a checklist to ascertain what is in that person's best interest.

A new statutory scheme for "lasting" powers of attorney will also be established, and provision made for courts to appoint substitute "decision-makers", as well as a system of independent consultees for vulnerable people and situations.

Part 2, describes the establishment of a new superior court of record called the Court of Protection in place of the office of the Supreme Court, which will have the capacity to deal with both welfare and financial matters.

While a new public official, the Public Guardian will be appointed, who will keep registers of lasting powers of attorney, and orders appointing deputies. This Bill also makes provision in connection of the Convention on the International Protection of Adults, as signed at the Hague in January 2000.

The introduction of this Bill follows a Government draft (Cm.5859, ISBN 0101585926, published June 2003), which was then responded to by the House of Lords (HLP 189-1, session 2002-03, ISBN 0104003197), with a further Government response (Cm. 6121 ISBN 0101612125, published February 2004).