Mental Capacity
EDM number 137 in 2003-04, proposed by Paul Burstow on 26/11/2003.
That this House regrets the omission of legislation on adult incapacity from the Government's programme for the current session; notes that there is no statutory definition of incapacity and no uniform legal test regarding the factors to be considered in determining a person's best interest and that there are insufficient regulations to prevent abuse of powers of attorney; believes that any failure to discharge assumed responsibilities for incapacitated adults should automatically trigger investigation by social service departments or in some cases be liable for criminal prosecution; further notes that there is an inadequate, and in some cases non-existent, legal framework for independent advocacy, both to articulate the most intimate needs of vulnerable people in relation to health, social care, benefits or other welfare provision and for carers to be involved in decisions or the process of challenging decisions where disputes arise; notes, given the inadequacy of existing legislation to protect the most vulnerable adults in our society, the need for comprehensive law reform in the field of mental capacity and for any new legislation to be linked directly to reform of the Mental Health Act 1983; and calls on the Government to confirm its intention to bring forward legislation during this current session.
This motion has been signed by a total of 23 MPs.
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