Policy responses and statements
Background: The Mental Capacity Act 2005 (the Act) provides a statutory framework for acting and making decisions on behalf of individuals who lack the mental capacity to do so for themselves. The Act specifies the principles that must be applied by everyone who is working with or caring for adults who lack capacity. It also provides options for those who may choose to plan and make provision for a future time when they may lack capacity. Whilst the Act sets out the legal framework, the Code of Practice provides guidance and information for those acting under its terms and applying its provisions on a daily basis. As there are many situations that can arise when caring or working with those who may lack capacity, the Code incorporates good practice along with flexibility to apply the principles to the particular circumstances of the situation. This consultation aims to ensure that the Code is user friendly, detailed and accurate, through the collection, review and inclusion of the views of stakeholders and those who will apply the Code in practice. The draft Code accompanies this consultation and is a lengthy document. In order to assist those who wished to review it, the consultation paper briefly sets out the scope of the draft Code and outlines how it has been developed.
Download this consultation response as a .pdf
Copies of this response are available from: Lesley Lockhart, Tel: 0131 225 7324 ext 608 [2 June 2006]
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