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Consultation on Modern Capacity Policy


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22 August 2020 

Consultation will help shape modern capacity policy 

The public are invited to give their views on proposals to enhance the protection of vulnerable people who are unable to make their own decisions.
 
A consultation has opened on the key policies and principles intended to safeguard those who lack capacity to make decisions about their health, welfare and finances.   
 
Feedback from the survey will shape the Island’s emerging capacity policy, to be brought forward by the Isle of Man Government in a draft bill later this year. The consultation is the first part of a process which will see further public comment and review invited at a later stage, to ensure that a wide range of feedback is taken into account as the landmark bill is drawn up.  

Capacity laws give rights to people who cannot make decisions for themselves and provide a legal framework for decision-making on behalf of those who lack capacity to do so. The consultation sets out well-established principles in this area, offering clear definitions and guidance on the way capacity should be assessed. It also outlines how a person can make arrangements for their affairs to be managed in the future, should they lose capacity to make decisions.
 
Health and Social Care Minister David Ashford said: ‘This consultation marks a significant step in the formation of important new legislation for the Island. The purpose at this stage is to gather a wide variety of views from members of the public.
 
‘Capacity issues could affect ourselves or our loved ones at any time, so it is vital we have a modern legal framework to protect vulnerable people when they cannot make decisions for themselves, and which allows for others to act their behalf.

Edited by Apple
Apologies for not providing link. Not mastered that yet. Still a dumbass.
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I'm not sure where @Apple got those quotes from, but they are derived from a Press Release that was put out nominally today, though the Consultation actually opened last week (and will close on 2 October).  There's an online survey and that seems to include a lot of the information that you normally be put into a separate document, so you really need to work through that before answering it.  There's also a deliberately rather simplified summary of the background that you can scroll through at the start of the survey and this is also available as a separate pdf.

(There are two ways of linking to something on Manx Forums.  Firstly you can link explicitly by copying the URL from the address line and  and pasting into your comment. It's usually clearer if you show this on a separate line, here's the Consultation for example:

https://consult.gov.im/health-and-social-care/capacity-bill-2021-principles/consultation/intro/

This should automatically become a link when you paste it in.

The second way is to create an embedded link, such as the four that appear in the first paragraph of this comment.  To this you copy the URL again but then you highlight the words you want to link it from.  Then you left-click on the link con above image.png.e52e21a444df3a5274c929668e32af48.pngand a box like this should appear:

image.png.73d7a57c65241735f3d2c9d127e72e97.png

Paste the URL you copied into the top box and click on 'Insert into post' and it should link to the words you have highlighted.

This is what works in the system I am using - a desktop machine with Windows 10 and Chrome.  There may be differences with other systems, but the basic principles should be similar).

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This is actually a really big gap in Manx law, and we are way behind most other countries in the developed world.  In essence, a Mental Capacity Act sets out rules to help determine if someone is 'of sound mind', to use that lovely old phrase.  In other words, do they have the mental capacity to take decisions about their own health, finances etc. etc.?  At the moment, we muddle along.

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23 minutes ago, Boo Gay'n said:

This is actually a really big gap in Manx law, and we are way behind most other countries in the developed world.  In essence, a Mental Capacity Act sets out rules to help determine if someone is 'of sound mind', to use that lovely old phrase.  In other words, do they have the mental capacity to take decisions about their own health, finances etc. etc.?  At the moment, we muddle along.

That’s not what the new act is about. At all. We have tests of mental capacity and they are well known and defined by common law cases.

What this act does, if it’s brought in, is to establish differing levels of capacity and to allow for assisted decision making by people who would not be considered capacitous under the existing law.

It needs to tie in with an updating of the Mental Health Act. It’s been in the pipeline for ages, but the last English update, which we would normally follow, has been problematic. It’s been reviewed. We are also looking at Scotland, who’s up to date version was different, better in someways, but was also being reviewed.

its really good we didn’t jump and adopt either, or we would have adopted legislation that we knew was deficient and then been stuck with it. These types of changes are once in a generation, which can be 40+ years for Mental Health.

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19 minutes ago, Boo Gay'n said:

This is actually a really big gap in Manx law, and we are way behind most other countries in the developed world.  In essence, a Mental Capacity Act sets out rules to help determine if someone is 'of sound mind', to use that lovely old phrase.  In other words, do they have the mental capacity to take decisions about their own health, finances etc. etc.?  At the moment, we muddle along.

I think a number of advocates where they draft wills etc also recommend an Enduring Power of Attorney to cover the gaps in regard to Capacity.  

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2 hours ago, Roger Mexico said:

(There are two ways of linking to something on Manx Forums.  Firstly you can link explicitly by copying the URL from the address line and  and pasting into your comment. It's usually clearer if you show this on a separate line, here's the Consultation for example:

https://consult.gov.im/health-and-social-care/capacity-bill-2021-principles/consultation/intro/

This should automatically become a link when you paste it in.

The second way is to create an embedded link, such as the four that appear in the first paragraph of this comment.  To this you copy the URL again but then you highlight the words you want to link it from.  Then you left-click on the link con above image.png.e52e21a444df3a5274c929668e32af48.pngand a box like this should appear:

image.png.73d7a57c65241735f3d2c9d127e72e97.png

Paste the URL you copied into the top box and click on 'Insert into post' and it should link to the words you have highlighted.

This is what works in the system I am using - a desktop machine with Windows 10 and Chrome.  There may be differences with other systems, but the basic principles should be similar).

 

Thank you for this. 

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7 minutes ago, John Wright said:

That’s not what the new act is about. At all. We have tests of mental capacity and they are well known and defined by common law cases.

I am genuinely more interested in the system we currently have at the moment then particularly around the decisions about Abbotswood and Nobles when (it appears) some residents and some patients were being moved in response to Covid 19. Can patients / residents them be moved against their wishes or their families wishes? 

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