The Mental Health Act 2005

The Mental Health Act 2005

Introduction

The Mental Health Act 2005 is an act for all mentally disabled people who are above 16 years. These people are incapable of making a decision on their own because they are not mentally stable to make decisions. They do not know what is right for them and what is wrong. This is the reason this act got formed. It has specified a legal framework that is applicable to mentally instable people who are above 16 years.

Under this act, the mentally instable person has all the legal right to take help from other people for making decisions. Social health care staff got allocated for such people who assist them in taking decisions. They are also the ones who have the ability to maximise the person's ability to take decisions on their own . This is commonly known as the Mental Capacity Act 2005. This paper will discuss the act, and will then talk about the importance of this act in terms of assessing capacity and in providing protection to the mentally incapacitated people. It will also discuss the protection that is provided to such people for non-consensual, arbitrary medical treatment.

Capacity

A person who lacks the capacity of taking decisions at the time when it is needed to take a decision. This means that the person who is not mentally strong enough to take decisions for his own self. The definition provided by law for a person who is incapable of taking decision is “For the purposes of this Act, a person lacks capacity in relation to a matter if, at the material time, he or she is unable to make a decision for him/ herself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain.” (Mental Capacity Act 2005 Section 2(1))

Steps taken by the Mental Capacity Act

The following are the steps that this Act has taken for protecting the rights of the mentally instable people:

A statutory framework got created for assessing capacity.

It has created a list that is non-exhaustive, and that helps in determining the best for the incapable person.

It has introduced legal framework for people who got involved in the assistance of the mentally unstable people.

It has provided with a number of ways for influencing the people who are mentally instable, so that their facilitators have a wide choice of convincing them appropriately.

It provides guidelines to those people who are the guardians of such people. These people have to follow the rules and regulations of the Mental Capacity Act 2005.

It proves as an obligation to the people who are the consultants of the mentally instable people and who are responsible for talking decisions on their behalf.

It has created a new advocacy service, known as the Independent Mental Capacity Advocate Service (IMCA).

It has established the new criminal offence of III-Treatment or Neglect.

It has established safeguards for people who got involved in influencing the mentally instable people.

It has set up a new Court ...