HL Deb 13 July 1999 vol 604 cc31-2WA
Lord Cocks of Hartcliffe

asked Her Majesty's Government:

When they plan to make known their views on proposals set out in the Green Paper, Who Decides: Making Decisions on Behalf of Mentally Incapacitated Adults. [HL3629]

The Lord Chancellor

The Government received over 4000 responses toWho Decides? on the Law Commission's recommendations about decision-making for mentally incapacitated adults. Respondents included many charities working on behalf of incapacitated people; local authorities; doctors; professional organisations; and those working with the law. We also received a large number of contributions from members of the public. There was much support for the key principles: the functional approach to assessing capacity; the factors to be taken into account when assessing best interests; and the General Authority. There was wide-ranging support for Continuing Powers of Attorney. Many respondents also supported the proposals for Managers appointed by the court to replace the current system of Receivers, with appropriate safeguards. Since consultation closed in March 1998 we have been giving very careful consideration to all the issues involved. I have decided to publish a Policy Statement in October 1999 which will set out the Government's thinking on a number of the issues raised in the consultation paper.