Policy responses and statements
Background: The Mental Capacity Act 2005 received Royal Assent on 7 April 2005. The Departmental of Health is now working jointly with the Department of Constitutional Affairs, and others, to implement the Act in April 2007. The Act enshrines in statute current best practice and common law principles concerning both people who lack mental capacity and those who take decisions on their behalf. It replaces, for example, current statutory schemes for enduring powers of attorney and Court of Protection receivers with reformed and updated schemes. From April 2007, people who have capacity will be empowered to choose attorneys who will be able to take decisions for them if in the future they lack capacity. This is not just in relation to their financial affairs, as at present, but also in relation to their personal welfare. This consultation document invited views and comments on the draft Lasting Power of Attorney (LPA) forms, prescribed information and accompanying guidance as outlined in the Mental Capacity Act 2005 (sections 9 to 14 and 22 to 23 and Schedule 1). It also sought views on the processes for certifying and registering LPAs. Download this consultation response as a .pdf
Copies of this response are available from: Lesley Lockhart, Tel: 0131 225 7324 ext 608 [14 April 2006]
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