The Law Society has issued a rather damning briefing on the Mental Capacity (Amendment) Bill 2018 that this week moved to a Lords committee stage.
While agreeing that simplification is needed and acknowledging that there are resource constraints, these constraints are “insufficient justification for not implementing fully the safeguards recommended by the Law Commission.”
The Briefing sets out six recommendations for change, what the authors feel should be the principles underpinning the new framework and why they are concerned that the Bill does not meet those principles as it includes:
The full briefing is available on the Law Society website.
You can stay up to date with progress of the Bill, and read the latest version, on the Parliament website.
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