The government is asking members of the public for their views on the subject of mental capacity.

This comes ahead of proposed legislation to provide a legal framework to define whether a person has capacity to make decisions and protect those who have not.

The consultation cover aspects such as what is meant by ’a person who lacks capacity’ and how this should be assessed.

Capacity issues can potentially affect anyone at any point in their lives.

A person’s capacity to make decisions may be impaired for a variety of reasons, such as having a significant learning disability or learning difficulties, mental health problems, suffering a stroke or head injury, or the onset of dementia.

They may need to have decisions made on their behalf on such matters as their welfare, property, financial affairs and medical treatment.

The Department of Health and Social Care wants to create a new legal framework for the making of decisions on behalf of those who lack capacity, drawing on the approach taken in England and Wales.

Under current legislation a vulnerable person who has not appointed someone to act on their behalf under a Lasting Power of Attorney may have someone appointed by the court to carry out this role.

The new legislation proposes making changes to the role of court appointed representatives and the department will be considering whether the island would benefit from the creation of the new role of ’independent mental capacity advocate’, similar to that already introduced in England and Wales

The new legislation also proposes reforms to lasting powers of attorney, including the creation of a new statutory form of power of attorney.

In England and Wales a new public official, the Public Guardian, was established in 2005.

Their role is to oversee those acting on behalf of someone who lacks capacity, either through a power of attorney or by court appointment, to ensure that they are exercising their powers correctly.

In terms of a vulnerable person’s medical care the proposals incorporate a legal basis for people to make advance decisions to refuse treatment in the event that they may lose capacity.

This is compatible with modern standards in clinical practice, and aims to provide certainty for clinicians treating people who may not have capacity to consent to treatment when that treatment needs to be given.

DHSC Minister David Ashford said: ’The introduction of capacity legislation is a significant priority for the department, as it is in the interests of our community to ensure appropriate safeguards are introduced for the vulnerable and those who may lack the capacity to make important decisions today and in the future.’

â?¢To take part in the online survey go to https://consult.gov.im/health-and-social-care/capacity-bill-2021-principles/consultation/intro/ .

To receive a paper copy of the consultation call Georgina Jones 685167 or email [email protected].