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With the introduction of the new Mental Capacity Act (2005) which came into force fully on
October 1st 2007, do social and public healthcare professionals have to re-examine the
way they assess the capacity of their patients?
The Mental Capacity Act affects the way carers can make decisions on behalf of people
they are responsible for. The new law provides a legal framework that puts individuals at
the centre of the decision making process whilst providing an official set of guidelines for
carers to follow. With up to 6 million informal carers in the UK and 2 million people lacking
the capacity to make decisions due to the likes of dementia, learning disabilities and
strokes, the motivation behind the decision to implement the Act is clear.
Patricia Hawkins, associate solicitor in Irwin Mitchell’s Court of Protection team said,
“The law has been introduced to ensure that decisions are not taken on someone’s behalf
unless it has been proven that they lack the capability to make their own decisions and
even then it must be in the patient’s best interest.”
For further information....
No obligation legal advice and support
The arrangement between BIBIC and the Legal Group is operated in accordance
with the Solicitors Introduction and Referral Code 1990. It should
be made clear that those needing legal advice are totally at liberty
to choose another solicitor to advise them in relation to their
case and a suitable solicitor may be identified by contacting the
Law Society.
Finding the right solicitor is very important. Firstly, the solicitor
should specialise in personal injury and/or clinical negligence, and
secondly, the solicitor should be able to demonstrate experience of working
specifically with children with an acquired brain injury.
For many years, CBIT has been unable to recommend specific law firms
for legal support, whilst very aware that in offering support, we have
made the task of finding a specialised legal expert so much more difficult
for families. We understand how important it is that
quality information is available at the right time. Whilst not all families
will need legal representation or choose to pursue this route, those
that do need to have the very best possible legal advice.
By clicking on the link above entitled 'Finding a solicitor', you will
see that CBIT is able to provide a number of suggestions as to how legal
support can be obtained, as well as being able to introduce the services
of the Child Brain Injury Legal Group.
This section also provides you with information on making a claim for
compensation and the costs involved.
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