Mental Capacity Bill could be "toothless"

Friday, 18 June 2004 12:00 AM

The Making Decisions Alliance (MDA) has warned that the new Government Bill risks being "toothless".

The Mental Capacity Bill has the core presumption of mental capacity, unless proved otherwise, and is designed to ensure that those with diminished mental capacity have more of a say in their lives and treatment. It enshrines in law the creation of "living wills", which are designed to allow an individual to stipulate in advance of any mental deterioration their wishes as regard to medical treatment.

Much in the Bill is welcomed by the MDA, but they warn that many of the benefits are at risk if the Government does not give more emphasis to the role played by advocates.

The MDA speaks for a number of charities, among them Age Concern England, Turning Point, Mencap and MIND.

Richard Kramer, co-chair of the MDA, said: "We have been waiting for legislation for 15 years. But this Bill will not achieve its aim of enabling people to take more control of their lives if advocates are not given more of a central role in representing those affected.

"Advocacy is vital to ensuring that people have a say in the decisions that affect their lives, and their availability protects the rights of those who need support to make decisions."

The MDA believes that advocacy allows people to "have a say in their own lives" and is concerned that the Bill is likely to only recognise the role of advocacy when an individual does not have friends or family to help them make decisions.

It highlighted the case of Millie, who in her 20s has Down's syndrome. When her parents separated, an independent advocate was able to help her come to a decision about where and with who she wanted to live, which was welcomed by her parents.

Head of campaigns at Rethink, Paul Corry, told politics.co.uk that there were "real doubts" about whether the Mental Capacity Bill would give people who become incapacitated confidence that decisions made on their behalf were made in their best interests.

Mr Corry said: "The Bill attempts to close a glaring gap in the rights of people who lose the capacity to make decisions about their own healthcare. It is vital that people have confidence that decisions are taken in their best interests. Unfortunately, there are real doubts over whether the Bill has the necessary teeth and the resources in place to give people the confidence required to make it work in practice."

The creation of the Bill has been broadly backed by a number of charities. A spokesperson for the Stroke Association told politics.co.uk that the Mental Capacity Bill would "empower people to make their own decisions".

"The Stroke Association advocates independent living for stroke patients and therefore fully supports The Mental Capacity Bill, which will empower people to make their own decisions. For people who lack capacity to do so, clarification on who should make decisions on their behalf is welcomed and will provide further protection against neglect and mistreatment."

Political support came from the Liberal Democrats, whose health spokesman Paul Burstow said: "The Bill is long overdue and a welcome clarification of the law. It strengthens the rights and protection of people who lack the capacity to make decisions themselves.

"This Bill is not a measure to introduce euthanasia through the back door as many have claimed. It ensures that, for the first time, the voiceless and powerless will have their needs and wishes listened to and respected."

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