Forum Brief: Mental Capacity Bill

The government is today set to detail legislation to create "living wills" for those who become mentally incapacitated.

The bill will introduce a legal framework giving a nominated individual the power of attorney over a patient's affairs.

This would not only include the right to make financial decisions, as is currently the case, but also the right to decide what sort of treatment, if any, a patient should receive.

Government Response: Department for Constitutional Affairs

Lord Filkin said: “At some point in our lives we are all likely to be affected by a lack of capacity to make decisions, either personally, or because someone close to us is unable to make decisions for themselves.  No clear and reliable legal framework currently exists to guide carers, families and professionals in decision making.  As a result, people who lack capacity can be excluded from personal decision making and are vulnerable to abuse; carers can be open to criticism or even prosecution. It is also difficult to plan ahead for a time when you might lose capacity.