January 2010 - New guidelines for assessing mental capacity

Lawyers and doctors have been provided with a new set of guidelines to help them to assess mental capacity.

Last month, The Law Society and the British Medical Association published 'Assessment of Mental Capacity' which is a guideline designed to advise professionals on the best practices for approaching situations involving people who do not have the ability to make important decisions, like making a will or giving consent to medical treatment.

The guidelines include fully up-to-date direction on the Mental Capacity Act, and thus allow thorough compliance with relevant law and ethics.

Experts advise that more than two million people in England and Wales will lack decision-making capacity at some point in their lives.

Nicola Mackintosh, a member of the Law Society's Mental Health and Disability Committee, said: "The implementation of the Mental Capacity Act 2005 and the developing case law in this specialist area has resulted in a pressing need for authoritative guidance. The guide meets that need in a practical way which is easily understood. It will result in much better practice together with vital protection for vulnerable people."

Assessment of Mental Capacity is available now from the Law Society's online bookshop or by phoning 0870 850 1422.

If you would like to speak to a member of our team about any aspect of mental capacity please call 01562 66000, email This e-mail address is being protected from spambots. You need JavaScript enabled to view it or contact us on the contacts page of our website.