New Mental Incapacity Act Starts Today

Amendments to the Mental Incapacity Act have come into force today, 1 October 2007, and will remove the uncertainty regarding decisions made on behalf of others.  The amendments will now apply to persons with a temporary mental incapacity as well as those who have been mentally incapacitated since birth.  Persons over the age of 16 will be affected by the changes.  

Other key principles from the Mental Incapacity Act include:

• Individuals will be assumed to have capacity unless it is proved otherwise
• Individuals must be allowed and supported in making their own decisions as far as possible
• Everything that is done on behalf of another person it must be in their best interests, with the least restrictions being applied.
• A decision maker must consider making decisions that interfere as little as possible with the rights and freedoms of a person who is incapacitated
• Individuals should not be assumed and therefore treated as lacking incapacity as this could lead to unwise decision-making.

This new Act has replaced the Enduring Power of Attorney (EPA) Act 1985 and has given the court of protection more comprehensive powers.  This Act applies only in England and Wales; however there has been a similar Act in Scotland since 2001.

It also introduces the revised Lasting Power of Attorney in replacement of the Enduring Power of Attorney.

Our view

This change in the law is a good one as it protects the incapacitated as well as offering more choice when you are tidying up your affairs should something disastrous happen and you lose mental capacity.

Useful links:

Learn more about this and related topics in the Wills Adviser.com Channel 

Request expert financial advice now

Purchase guidance on financial planning in the Money Shop 

Back to News Summary