Capacity Bill 2021 Principles

Closed 2 Oct 2020

Opened 21 Aug 2020

Overview

This consultation seeks views and, where relevant, evidence to support those views, on the policies that will shape the Island’s new Capacity laws.

There are a number of questions throughout this consultation paper. They are there to guide you when responding and should not be taken to be prescriptive or restrictive; you are free to raise any points or make any comments that you believe to be relevant.

This consultation paper seeks views from everyone.  We anticipate an interest from health and care practitioners, private sector organisations, voluntary and community sector organisations that provide services to people who may lack the capacity to make decisions as well as families who may also be impacted.

If you have any queries about this consultation or wish to request a paper copy of the consultation (including larger print) please contact: Georgina Jones, Department of Health and Social Care, Crookall House, Demesne Road, Douglas, IM1 3QA    (georgina.jones@gov.im or 685167).

Please note the print size of this consultation on line can be increased by up to 200% for ease of reading or simply use your own screen settings to zoom in to increase the text. 

This consultation is the first stage in the development and modernisation of capacity legislation for the Isle of Man.   The overall purpose of this is to create a new legal framework for the making of decisions on behalf of those who do not have the capacity to make decisions.

Why we are consulting

Capacity issues potentially affect everyone.   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.

It is essential that services for people who may have lost capacity to make decisions for themselves are underpinned by a modern and legal framework.   A framework which is clear and safeguards their individual rights, dignity and wellbeing.

The core policies proposed as the basis for the Island's new Capacity laws draw inspiration from the Mental Capacity Act 2005, in England and Wales.   We have also considered the amendments that have been made to that Act by the Mental Capacity (Amendment) Act 2019 and legislation in other neighbouring jurisdictions.

More generally we would like your input on some of the key policy areas including;

  • Best interests
  • Powers of Attorney
  • Donees (individual appointed for lasting power of attorney; fit and proper person)
  • Court appointment (extended to cover health and welfare)
  • Advance decisions
  • Excluded decisions (those which cannot be taken on behalf of another person)
  • Ill-treatment or neglect
  • Deprivation of Liberty

 

Results of the Consultation

The results of this  Capacity  Consultation  will be evaluated and published on the 30th October 2020

What happens next

Results of the Consultation

The results of this  Capacity  Consultation  will be evaluated and published on the 30th October 2020

Areas

  • All Areas

Audiences

  • Anyone from any background

Interests

  • Legislation
  • Policies, strategies & plans
  • Carers
  • Mental Health
  • Social Care
  • Health