01/10/2007

New Act To Protect The Elderly

A new law to protect vulnerable people came into force today in England and Wales.

The Mental Capacity Act will offer people in England and Wales a choice to create a Lasting Power of Attorney (LPA), which replaces the current Enduring Power of Attorney (EPA).

Under the new law, greater protection will be given to elderly or vulnerable people who are unable to make important decisions for themselves.

It will also provide for a new Court of Protection to make decisions in relation to the property and affairs, healthcare and personal welfare of adults (and children in a few cases) who lack capacity.

The Court also has the power to make declarations about whether someone has the capacity to make a particular decision; it will have the same powers in relation to mental capacity matters as the High Court.

On Friday, the government launched The Office of the Public Guardian (OPG), an agency that will support the Court of Protection in registering EPAs, LPAs and supervising Court appointed Deputies. The agency will replace the Public Guardianship Office, the former administrative arm of the Court of Protection.

Paul Farmer of Mental Health Charity Mind, said: "This Act is an important development, introducing new safeguards to protect the rights of some of the most vulnerable people in our society.

"It gives people with mental health problems more control over their lives, so that they can choose how they are treated if they are unable to make decisions in the future."

(LC/JM)










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