The House of Lords commitee was established in May 2013 to conduct post-legislative scrutiny of the Mental Capacity Act 2005. Their task was to answer the question of whether the Act is working as Parliament intended. The report was published on 13th March 2014.
Assessing Financial Capacity
Empowerment Matters has been commissioned by the Department of Health to write guidance on assessing capacity in relation to financial decision-making. Decision specific capacity in relation to financial matters may not be well understood or practiced and as a result people who have capacity to make everyday financial decisions are disempowered and have no control over their finances.
We are keen to hear from people who have views about what such guidance should include and to find out what would best help practitioners who have responsibility for carrying out financial capacity assessments.
Please take part in our survey. It takes about 10 minutes to complete: https://www.surveymonkey.com/s/TMQK39G
New article in Community Care by Empowerment Matters: ‘Why commissioning of mental capacity advocacy must change to protect rights of vulnerable’
Empowerment Matters has developed a new IMCA Report Writing Evaluation tool to assist commissioners and IMCA providers to assess the quality of IMCA reports. View this and other useful resources in our Resources section.
Challenge to the House of Lords decision – an impact on the DoLS safeguards?
A recently handed down judgement from the European Court of Human Rights regarding a woman detained under the Mental Health Act may have a significant impact on the process of the Deprivation of Liberty Safeguards review process. You can access here the full judgement of MH vs the United Kingdom
2 new Community Care articles on the role of IMCAs & the MCA
New research on the Mental Capacity Act & Mental Health Act
Cambridge Intellectual and Developmental Disabilities Research Group have recently published their research on the Mental Capacity Acts Deprivation of Liberty Safeguards and the Mental Health Act.
Empowerment Matters has contributed to a new book entitled “Re-designing the Adult Guardianship Law” published in Japanese. Writers from all over the world have contributed. Our chapter was about Independent Mental Capacity Advocacy and advocacy. Some Japanese lawyers are attempting to influence the current guardianship system in Japan and are interested in how other countries and cultures address decision-making when adults lack capacity.