Mental Capacity Act 2005 Deprivation of Liberty Safeguards - Essay Example

Whereas some legislation can be criticized for given flaws that beg immediate amendments, the MCA and DoLS have been hailed from several credible reviews as very timely and appropriate in their spirit and diction. It is on this basis that this paper shall present a critical appraisal of the very necessity and suitability of the MCA and DoLS laws and regulations. There are diverse reasons why laws are made in areas that address human services and also why some laws are served with legislative provisions, amendments, and condiments. These reasons are fetched on the basis that certain practices in the mainstream public service and institutions harbor personnel who are not legal experts and have to handle delicate conditions with diverse legal connotations1.

The Disability act and the Mental Capacity Act are a set of peculiar legislations that address the problem of disability and yet such persons described as disabled often find themselves in the care of workmates, nurses, health workers, or guardians who may not clearly understand legal provisions. The law therefore must come in to define in detail what needs to be acknowledged and institutionalized in daily practices. The Deprivation of Liberty Safeguards [DoLS] is therefore a masterpiece of legislation in the efforts to advance justice and legal recognition of the deeds of those deemed vulnerable adults.

The primary interest of the law is to institute order in human affairs, promote justice, and institute systems of governance through which human dignity can be advanced and appreciated by all. The mental ability act of 2005 is not a contravention of these broad goals of the law. It can be expressly obtained that people who are mentally impaired are critically reduced in capacity to function as normal beings because the characteristic qualifying man for prestigious disposition is the power to reason and act on reasoned thought.

It can therefore be seen that the spirit of the law in this scenario meets the primary attribute and quality of the law which is the preservation of human dignity and the advancement of order in human affairs.