An Act to reform the currently wholly unsatisfactory situation that has obtained for so long regarding the affairs of those who lack mental capacity is now on the statute books and will come into force next year. 
This Act received royal assent in April 2005, and will come into force on 1st April 2007. It makes new law governing the way in which decisions are made on behalf of people who lack mental capacity. 
The Act includes provision for advance decisions to refuse treatment. It extends powers of attorney so that they can apply to decisions in relation to donors' health and welfare, as well as their finances. It also sets a framework to assess the best interests of a patient who lacks capacity, together with provision relating to medical research. It introduces new criminal offences of neglect and ill-treatment of people who lack capacity. 

The legislation is accompanied by a Code of Practice, to which all professional and paid carers will be under a statutory duty to have regard.

CLICK HERE TO SEE THE CODE OF PRACTICE ISSUED BY THE DEPARTMENT FOR CONSTITUTIONAL AFFAIRS

In view of the importance of this legislation Robert Campbell has a PowerPoint presentation to the care home industry it is vital care workers at all levels become familiar with it's operation and effect. Dealing with those lacking full or any mental capacity has long been a grey area and one which, accordingly, has been open to abuse and the new law seeks to address this.

To assist in the re-education drive specialist healthcare lawyer Robert Campbell is presenting The PowerPoint lecture around the country to interested groups and Care Training Consortia. For more details please email: rob@carelaw.co.uk or call 0870 2412139.

September2006