Latest Solicitors News - January 2010

New guidelines put forward to help assess mental capacity

Lawyers and doctors have been given a new set of guidelines to help their assessment of mental capacity.

Last month The Law Society and the British Medical Association published the guidelines, entitled 'Assessment of Mental Capacity', to advise professionals on the best practices for dealing with people who do not have the ability to make important decisions, like making a will or giving consent to medical treatment.

The guidelines incorporate fully up-to-date direction on the Mental Capacity Act, allowing thorough compliance with relevant law and ethics.

Experts suggest that more than two million people in England and Wales will lack decision-making capacity at some point, for example, as a result of dementia or brain injury, or even due to pre-existing conditions.

Nicola Mackintosh, a member of the Law Society's Mental Health and Disability Committee, said: "The implementation of the Mental Capacity Act 2005 and the developing case law in this specialist area has resulted in a pressing need for authoritative guidance. The guide meets that need in a practical way which is easily understood. It will result in much better practice together with vital protection for vulnerable people."

Assessment of Mental Capacity is available now from the Law Society's online bookshop or by phoning 0870 850 1422.