October 1st 2007

Mental Capacity Act 2005

Amongst the provisions that it will bring in are:

Lasting Powers of Attorney - which replace the current Enduring Powers of Attorney. Existing EPAs will still be valid but after 1st Oct it will only be possible to arrange LPAs. In essence there will be two types of LPA, one dealing with finance and the other dealing with health and welfare. The former is very similar to the current EPA in its effect (except it is 25 pages long instead of 6 and will cost a lot more to arrange since there will be a great deal more work involved). The latter deals with the care of people who are mentally incapacitated and this includes personal as well as medical care.

Definitions/Tests for mental incapacity: Without going into a great deal of detail the MCA introduces code of practice which all people involved in the affairs of people with limited mental capacity should be familiar with. An important variation from the current position is that mental capacity or the lack thereof is not deemed to be a one off thing. The new Act brings in a presumption of mental capacity. In addition this needs to be determined each time an action is to be undertaken.

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