Author Description

This Act clarifies and reforms some legal uncertainties in law where decisions are made on behalf of others. Adults who lose their mental capacity, through dementia or brain injury, or are born with such a condition, will have new rules of protection for decisions made on their behalf. Part 1 sets out a definition of "persons who lack capacity", along with key principles and a checklist to ascertain what is in that person's best interest. A new statutory scheme for "lasting" powers of attorney will also be established, and provision made for courts to appoint substitute "decision-makers", as well as a system of independent advocates for vulnerable people. Part 2 establishes a new superior court of record called the Court of Protection in place of the office of the Supreme Court, which will have the capacity to deal with both welfare and financial matters. A new public official, the Public Guardian will be appointed, who will keep registers of lasting powers of attorney, and orders appointing deputies. Schedule 3 of this Act gives effect in England and Wales to the Convention on the International Protection of Adults, as signed at the Hague in January 2000.