Mentally Incapacitated Adults and Decision Making: A New Jurisdiction (Consultation Paper)

 
9780117302112: Mentally Incapacitated Adults and Decision Making: A New Jurisdiction (Consultation Paper)

What are the legal rights and obligations of someone caring for an incapacitated person? What is mental incapacity? In a second consultation paper about mentally incapacitated adults, the Law Commission suggests improvements to the existing system. Proposals for the reform of the "private" law are made, that is the law allowing private individuals to make decisions on behalf of mentally incapacitated adults. The paper is not concerned with the law relating to those who are mentally ill and need compulsory treatment - this aspect is covered by the Mental Health Act, some of which is under review by the Department of Health. In this case, incapacity is defined as the legal status of being unable to take your own decisions about your personal and financial affairs. Among the provisional proposals made by the Commission are: clarifications of what carers can do for the people they look after; a new definition of incapacity which caters for partial and fluctuating capacity; a new system giving a judicial body power to make orders about the care of welfare of an incapacitated person; improvement to the existing procedures for financial management of a person's affairs by someone else; and extending powers of attorney to cover personal decisions, like where to live and who to socialize with.

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Great Britain: Law Commission
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