Government urged to address loopholes in incapacity law

Solicitors have urged the government to introduce legislation that addresses loopholes in the law on mental incapacity in the current parliamentary session after the government announced last week that work has begun on a draft law.

Lord Chancellor's Department minister Rosie Winterton said a draft bill on incapacity would aim to give carers or close relatives the legal authority to make day-to-day healthcare or financial decisions on behalf of people with severe learning disabilities, mental health problems, head injuries caused by accidents or dementia.

This would include a presumption against incapacity.

The move follows lobbying by the Law Society and British Medical Association (BMA), who joined forces earlier this year on the Making Decisions Alliance to inform future legislation.

Welcoming the announcement, Law Society President Carolyn Kirby said legal and medical organisations have been calling for government to address the issue 'for many years'.

'We urge the government to proceed with this draft legislation without delay, with the hope that it can be introduced during the current parliamentary session,' she added.

Chris Baker