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Private Client analysis: Amendments to mental health legislation aim to correct some of the current system’s obvious failings. Ben Troke solicitor at Browne Jacobson LLP discusses the Mental Capacity (Amendment) Bill which introduces new law to protect the rights of people who do not have the mental capacity to make decisions about their care and replaces the much-criticised deprivation of liberty safeguards (DoLS).
What are the key changes to the Mental Capacity Act 2005 proposed by the draft legislation?
In a way it is a little misleading to refer to this draft legislation as amending the Mental Capacity Act 2005 (MCA 2005) as it rejects the opportunity (and the recommendations of the Law Commission of March 2017) to amend the substance of MCA 2005 – for example to put more emphasis on the person’s own wishes when making best interests decisions to make more provision for advanced decision-making before someone loses capacity or to clarify the line between MCA 2005 and the Mental Health Act 2007 (MHA 2007).
Instead the Mental Capacity (Amendment) Bill is focused entirely on the DoLS...
Read the full article here.
