Mental Capacity: time to get our Act together

摘要

The Mental Capacity Act 2005 will become fully operational in England and Wales from 1 October 2007. It enshrines in law several aspects of the mental capacity of individuals and provides clearer guidance to professionals acting on behalf of those who lack capacity. Unlike the Mental Health Act 1983, the Mental Capacity Act affects everyone in England and Wales who is unable make decisions for themselves. It protects those who lack capacity and places obligations on those who care for them. It also has huge implications for doctors and other heakh-care professionals who take consent from patients for diagnostic or therapeutic procedures. Since April 2007 the Mental Capacity Act has made it a criminal ofFence to wilfully neglect or ill-treat a person who lacks capacity to make decisions for themselves.