Mental Capacity and Guardianship Bill 2007

Public bill · Private Member · Introduced

The bill would replace outdated rules on adults who cannot make certain decisions, while assuming everyone has capacity unless shown otherwise. It would allow limited, informal decisions about care and treatment, and create a Guardianship Board able to appoint personal guardians for property, finances and welfare, with appeals to the High Court. A Public Guardian would supervise guardians and enduring powers of attorney, while the High Court would decide especially serious issues such as withdrawing life support, sterilisation and organ donation.

Formal long title

Bill entitled an Act to reform tha law concerning mental capacity, to provide for informal decision-making on behalf of adult persons who lack capacity in certain circumstances, to establish a Guardianship Board which may appoint Personal Guardians to deal with the property, financial matters and welfare of adult persons who lack capacity, to confer jurisdiction on the High Court in certain matters, to provide for the establishment of the office of Public Guardian and to set out the functions and powers of the Public Guardian, to amend and repeal various enactments for this purpose, and for related matters

Last updated 12 April 2018