THE MENTAL CAPACITY ACT 2005http://www.uk-mental-capacity-act-2005.co.uk/s-2THE MENTAL CAPACITY ACT 2005- comes into force in 2007 and radically reforms the law under which decisions will be made for those who lack mental capacity. Changes are wide-ranging and significant and include: a new functional capacity test; the primacy of 'best interests'; the creation of a new Court of Protection; and a new criminal offence of ill-treatment or wilful neglect. The Mental Capacity Act 2005 provides a statutory framework to empower and protect vulnerable people who are not able to make their own decisions. It makes it clear who can take decisions, in which situations, and how they should go about this. It enables people to plan ahead for a time when they may lose capacity. Guidance on the Act will be provided in a Code of Practice. People who are placed under a duty to have regard to the Code include those working in a professional capacity e.g. doctors and social workers. A draft was made available to assist Parliamentary consideration of the Bill and is available on the DCA website (under “Mental Capacity Bill and supporting documents”).http://www.uk-mental-capacity-act-2005.co.uk/s-3continue...