Consent and capacity: other aspects of the Mental Capacity Act

Abstract

This article concentrates on elements of the Mental Capacity Act that may be glossed over when people are concentrating on the issue of living wills (advanced directives). New powers have been introduced under the Act and these do have the power to alter people's lives. A 'lasting power of attorney', for example, now has the power to take decisions relating to a person's health issues or welfare. There is a new court - the Court of Protection, designed to settle disputes about the validity or applicability of a living will. With the powers of a High Court, the Act reveals the seriousness with which the law now regards the issues that surround the making of a living will and the granting or refusal to grant consent to treatment and care.