Making decisions : the Government's proposals for making decisions on behalf of mentally incapacitated adults : a report issued in the light of responses to the consultation paper Who decides? / presented to Parliament by the Lord High Chancellor by Command of Her Majesty, October 1999.

  • Great Britain. Lord Chancellor's Department.
Date:
1999
Catalogue details

Licence: Open Government Licence

Credit: Making decisions : the Government's proposals for making decisions on behalf of mentally incapacitated adults : a report issued in the light of responses to the consultation paper Who decides? / presented to Parliament by the Lord High Chancellor by Command of Her Majesty, October 1999. Source: Wellcome Collection.

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    Chapter Heading enable people without capacity to be provided with basic goods and services with the safeguard that the price charged must be reasonable. Who Decides? indicated the Government’s acceptance of this recommendation and there was no opposition in the responses. The ‘necessaries’ rule will be included in legislation It is proposed that the definition of ‘necessaries’ used in the Sale of Goods Act 1979 will be used in this legislation. This defines necessaries as goods which are ‘suitable to the condition in life of the person concerned, and to his actual requirements at the time when the goods are supplied or the services provided’. THE RELEASE OF PAYMENTS SCHEME The Law Commission proposed that there should be a Release of Payments Scheme operating alongside the general authority. Under this scheme, carers could enter into arrangements with banks, building societies and other financial institutions to obtain access to the person without capacity’s funds to deal with day to day expenditure. As a result of consultation, the Government is not convinced of the need for such a scheme. It considers that the extent of the problems that the scheme was intended to solve should be clarified, and that further consultation should take place on this issue, and on the appropriate safeguards for any scheme. Details of the Law Commission’s original proposals are set out in Annex A. We would welcome views on the questions set out in the annex, particularly from voluntary groups and financial institutions. A NEW OFFENCE TO ILL TREAT OR WILFULLY NEGLECT A PERSON WITHOUT CAPACITY The Law Commission recommended that it should be an offence for a person to ill treat or wilfully neglect a person in relation to whom he or she has responsibility under the new legislation. This would relate to people appointed as managers by the court; donees of CPAs; and those having care of, or in lawful control of, the property of the person without capacity. Many respondents were keen to support sanctions for ill treatment and supported the idea of a new offence. The Government recognises that ill treatment of a person without capacity is a very serious matter. However, while the Government has not ruled out the need for such legislation, it is not persuaded that the creation of a new offence would be the best way of tackling abuse.