Early day motion tabled by primary sponsor Paul Burstow (Liberal Democrat), on Thursday, 5 December 2002, in the House of Commons. It is signed by 32 members in total.

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ADULT INCAPACITY

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 interest and that there are insufficient regulations to prevent abuse of powers of attorney; believes that any failures 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, notes 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.

Amendments

The Early day motion has received an amendment.

ADULT INCAPACITY (291A1)

The Early day motion has received an amendment sponsored by Brian Iddon (primary, Labour) and tabled on Wednesday, 18 December 2002. It has been signed by 16 members in total.

at end add 'but notes the opinion of Richard Gordon QC that the Law Commission's draft Mental Incapacity Bill in some respects offends against the European Convention on Human Rights.'.

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Secondary information

Type

Early day motion

Reference

291 

291A1 

Session

2002-03

Subjects

Advocacy Diagnosis Law Protection Prosecutions Mental capacity Powers of attorney Regulation Social services

Link

View this Early day motion on www.parliament.uk