ADULT INCAPACITY

Early day motion 859, tabled 14 February 2002 by Paul Burstow (Liberal Democrat). Signed by 27 members.

That this House calls upon the Government to bring forward legislation on adult incapacity; notes that there is no statutory definition of incapacity and no uniform legal test regarding the factors to be considered in determining a person's best interests and that there are insufficient regulations to prevent abuses of 'powers of attorney'; believes that any failure to discharge assumed responsibilities for incapacitated adults should automatically trigger investigation by social services departments or in some cases be liable for criminal prosecution; further notes that there is an inadequate, and in some cases non-existent legal framework for independent advocacy, both to articulate the most intimate needs of vulnerable people in relation to health, social care, benefits or other welfare provision and for carers to be involved in decisions or the process of challenging decisions where disputes arise; and given the inadequacy of existing legislation to protect the most vulnerable adults in our society, underlines the need for comprehensive law reform in the field of mental capacity and for any new legislation to be linked directly to reform of the Mental Health Act 1983.

Signatures by party: Liberal Democrat 13, Labour 10, Labour/Co-operative 2, Plaid Cymru 2.