The Mental Capacity Act 2005 - Coursework Example

The second section highlights the right for individuals to be supported to make their own decisions i.e. individuals must be provided with all appropriate help before any other individual concludes that he or she cannot their own decisions. The third section is focused on the need to retain the right to make what might be seen as eccentric or unwise decisions. The fourth section is based on best interests i.e. any decision or exercise conducted for or on behalf of people without capacity must be in their best interests, the fifth section is the study of least restrictive intervention i.e. any exercise or decision made for or on behalf of individual without capacity should be the least restrictive of their basic rights and freedoms.

The Mental Capacity Act 2005 preserves in order current best practices and common law principles concerning people, people who lack mental capacity, and people who take decisions on their behalf. The Act replaces the current constitutional system for continuing powers of attorney and Court of Protection receivers with improved and updated schemes. (Deryck. Beyleveld, David Townend, Jessica Wright (2005). Research Ethics Committees, Data Protection, and Medical Research in European Countries). According to the Mental Act 2005, an individual or group of individuals is provided with the legal authority to make decisions on the behalf of those individuals who experience mental suffering or are emotionally and mentally destabilized.

The Act manages decision-making on behalf of adults who lack mental capacity, both where they lose capacity at some point in their lives, and where the incapacitating condition has been present since birth. The Act provides authority with the capacity to make decisions, covering all different aspects and situations, it covers all decisions, including personal welfare and financial matters, and covers decision-making on their behalf by attorneys, or deputies appointed by the courts. The Act also rectifies the process and position for conducting the exercise, if the formal process has not been adopted.

The proposed Mental Capacity Act evolved gradually, in consultation with the legislators and people affiliated with social sciences. Presently attorneys or receivers are legally bound to make decisions only on financial matters. The Act provides clarity and demarcations about who can make decisions and the manner of making decisions. The Act is an attempt towards protecting vulnerable people, carers, and professionals. The Mental Capacity Act 2005 was drafted after years and a series of consultations with people belonging to different spheres of life.

The Law Commission began the process in 1989, and in 1995 the Commission produced the report and drafted the Bill. The Government responded in 1997 with a green paper and a policy statement in 1999. A draft Mental Incapacity Bill was published in June 2003 and examined by a Joint Committee of both Houses of Parliament. The re-named Mental Capacity Bill was introduced to Parliament on the Seventeenth of June 2004 and received Royal Assent on the Seventh of April 2005, and it became law. The Mental Capacity Act received Royal Assent on the Seventh of April 2005 and is likely to be implemented in 2007.

The Act is an effort toward providing protection and liberty to the person to handle and conduct his or her affairs after he or she loses her mental capacity.