The Capacity Act 2023 establishes a framework to safeguard the rights and wellbeing of those who lack the capacity to make decisions for themselves.
The newly published implementation plan sets out how this will be achieved, sharing the timetable of steps to bring the Act into force.
Each step has target dates and information about the progress being made and will be updated by the Department of Health and Social Care on a quarterly basis.
At this stage, it is anticipated that the Implementation of the Act will be complete by the end of the calendar year.
Capacity Act
Once complete, these actions will ensure that measures are in place to protect individuals from decisions that are not in their best interests.
This includes making sure that we are clear about what ‘capacity’ means; who and how we determine someone’s capacity; and creating specific criminal offences for the ill-treatment or wilful neglect of a person who lacks capacity.
The Act also provides flexibility in its protections and application, acknowledging the complex situations which can lead to impairment of capacity, including disabilities, learning difficulties, mental health problems, strokes, head injuries, or the onset of dementia.
For more information, the DHSC has published some ‘Frequently Asked Questions’, which are available on the Legislation implementation webpage.
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