Mental Capacity (Amendment) Bill [Lords]

Part of the debate – in the House of Commons at 5:09 pm on 18th December 2018.

Alert me about debates like this

Photo of Matthew Hancock Matthew Hancock Secretary of State for Health and Social Care 5:09 pm, 18th December 2018

It could easily be a carer, yes. Some people have no family and in others cases the family are not the appropriate people to be the spokesperson for those who are mentally incapacitated. The appropriate person—the families and carers—will have greater powers to intervene or to object. Crucially, where there is no family or an appropriate person to advocate for the individual, the person has the right to an independent mental capacity advocate. So in all cases there should be a person whose role in the system is to advocate on behalf of the person whose liberty is being restricted.