Mental Capacity and Liberty Protection Safeguards

The legal liabilities that flow from non-compliance with the Mental Capacity Act (“MCA”) are significant. The provisions of the MCA are mandatory.  Individuals and organisations can be the subject of criminal and civil sanction. However, get it right and the MCA affords a high degree of legal protection to carers and providers, while at the same time ensuring the rights of incapacitated adults are upheld.

The Mental Capacity (Amendment) Act 2019 is due to come into force on 1 April 2022 and will replace the Deprivation of Liberty Safeguard system (a scheme that has always been met with confusion and often incorrect application in the sector) with the Liberty Protection Safeguards.

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