The Mental Capacity Act 2005:

Posted on July 1st, by editor in Caring Times. No Comments

By SUE NORMANTON In some ways, given the increasing degree of regulation and control that we face as we go about our daily lives, the fact that there is no law, at this moment, that protects the welfare of those who are unable to make decisions for themselves, is extraordinary. Why will it then have taken more than 10 years for the recommendations made in the Law Commission’s 1995 Making Decisions report finally to reach the statute book – as it will, in April 2007, with the implementation of the Mental Capacity Act 2005? The answer lies quite simply in the astonishing scale and scope of this piece of legislation: it will affect, potentially, every adult in this country – not only those who currently lack capacity but anyone who wants to plan for that possibility – and that could be any one of us. It also affects the plethora of individuals and organisations that look after such people: relatives, carers, medical professionals, social workers, legal advisers and of course those that own, manage and wo

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