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Adults with Incapacity/loss of Mental Capacity

Scotland

The Adults with Incapacity Act 2000 provides ways to manage the financial and welfare affairs of people who are unable to manage them for themselves. More information is on the Scottish Executive website - go there

England & Wales

The Mental Capacity Act 2005 (the Act) came into force in April 2007. The Act governs decision making on behalf of adults, where they lose mental capacity at some point in their lives or where the incapacitating condition has been present since birth. More information on the Department for Constitutional Affairs website - go there

Subscribers to the Members section will find a draft Mental Capacity Act Policy in the Patient & Community Services index of the Members Library. If you are not a Member, click here for information about the benefits of membership and how to subscribe.

N. Ireland

The approach in Northern Ireland is currently governed by common law. It is expected that legislation similar to that noted above will be forthcoming in N. Ireland.

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