Rosie Winterton

The government has set out plans to take forward legislation aimed at protecting some of the most vulnerable people in society.

A new version of the Mental Incapacity Bill is to be published in the current parliamentary session, the Department for Constitutional Affairs announced on Tuesday.

The Bill, which is to be renamed the Mental Capacity Bill, will be rewritten to take account of key recommendations called for by a joint parliamentary committee that scrutinised the plans.

Among the changes accepted by the government are reforms to the concept of a "general authority" to demonstrate that this does not give anyone blanket authority to intervene in the life of someone who lacks capacity, but instead protects carers from liability when they act in the best interests of a person who cannot consent to being cared for.

The government will also publish a draft outline of the Codes of Practice to accompany the Bill to give more information about how ministers expect the new law to work in practice.

Long awaited

And the legislation will now contain "up front a statement that everyone is assumed to have capacity".

"The draft Mental Incapacity Bill had been long awaited by people who need help making decisions, and those who care for them," said DCA minister Lord Filkin.

"Over two million people are affected by a lack of capacity, either through disability, injury or illnesses like dementia. 

"This could affect all of us at some point in our lives, either personally, or someone close to us or someone we care for."

And health minister Rosie Winterton said the changes would "strengthen our ability to set out a clear and helpful framework to make it clear who can take decisions in which situations".

"It also outlines a proper legal framework for health and social care professionals, carers and anyone acting on behalf of people who lack capacity," she added.