ABSTRACT
In 1960 the English courts lost their parens patriae jurisdiction over the affairs of incompetent adults. This occurred as a result of the Mental Health Act 1959 and revocation of the Warrant under the Sign Manual (see Lord Brandon’s judgment in F v West Berkshire HA (1989) (below)). Following a Law Commission Report (1995), the Government indicated its intention to legislate (Lord Chancellor, 1999). Currently, the draft Mental Capacity Bill has undergone a consultation exercise and has been reported on by the Joint Scrutiny Committee (Session 2002-03). At the time of writing, the report has been considered by the Department for Constitutional Affairs (www.dca.gov.uk/menincap/legis.htm) and a revised Bill published. If it becomes law, the Act will allow the appointment of a welfare attorney who will have the power to make decisions for the incompetent adult, which will have to be predicated on the individual’s best interests. In Scotland, the Adults with Incapacity (Sc) Act 2000 already governs the way in which incapacitated persons over 16 should be treated.
