Mental Capacity

Ministry of Justice written question – answered on 9th September 2019.

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Photo of Baroness Browning Baroness Browning Conservative

To ask Her Majesty's Government whether they intend to amend the Mental Capacity Act Code of Practice to comply with the judgment in the Secretary of State for Work and Pensions v. MM case so that there is no longer a presumption that welfare deputyship by relatives should be restricted to people with learning disabilities and autism.

Photo of Lord Keen of Elie Lord Keen of Elie The Advocate-General for Scotland, Lords Spokesperson (Ministry of Justice)

The statutory Mental Capacity Act 2005 (MCA) Code of Practice provides practical guidance on the operation of the MCA, including on when the Court of Protection may appoint a deputy to make decisions on behalf of and in the best interests of someone who lacks capacity to make those decisions. The Code is currently under review, to establish the extent to which it should be revised to reflect changes in case law and lessons learned through practical use of the code since its publication in 2007. We sought input from a range of interested stakeholders through a call for evidence in spring 2019 and propose to consult on a revised Code in due course.

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