18/06/2004

Bill set to help people with limited mental capacity

People with limited mental capacity will be encouraged to take as many decisions for themselves as possible by new legislation unveiled today.

The Mental Capacity Bill is designed to protect the more than two million adults who may be unable to take decisions for themselves.

People may be unable to take decisions through disability, mental illness, brain injury or illnesses such as dementia. It is estimated that over 700,000 people in the UK currently suffer from dementia.

Where individuals can't make a decision, the Bill would protect them and their carers by setting out who can make decisions on their behalf, in what situations and how.

Constitutional Affairs Minister Lord Filkin said the Bill heralded a "cultural shift" in the way people who lack capacity are treated.

"Vulnerable people will no longer be labelled 'mentally incapable' and their views forgotten about," he said.

"Instead they will be placed at the heart of decision making, empowered to make as many decisions for themselves as possible."

The Bill would also make neglect or ill treatment of a person who lacks capacity a criminal offence with a maximum sentence of five years.

People would be able to appoint an attorney to act on their behalf in welfare, healthcare and financial matters should they lose capacity in the future.

Earlier drafts of the Mental Capacity Bill have been linked with the idea of legalising euthanasia. Lord Filkin said this was "quite wrong".

"This Bill expressly provides that it does not affect the law on murder, manslaughter or assisted suicide. I hope the Bill we have published today will finally lay to rest the misplaced concerns about euthanasia."

(gmcg)

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