ABSTRACT
This chapter explores the law in relation to mental capacity from jurisdictions other than England and Wales. Consideration is given to the ways in which mental capacity and decision-making are approached by Scotland, Northern Ireland and the Republic of Ireland, but also countries further afield. Scotland’s legislation for mental capacity and decision-making predates that of England and Wales. Northern Ireland has taken a radical step in its approach to mental capacity law. The Mental Capacity Act 2016 received Royal Assent on 9 May 2016. Health Minister for Northern Ireland, Simon Hamilton, has said that this new legislation is “about reducing the stigma felt by many people suffering from mental disorder. Under the influence of the Convention of the Rights of Persons with Disabilities, it may be that the future for mental capacity law is a removal of the diagnostic test, an increased focus on supported decision-making stepping away from a best interests approach and a fusion with mental health law.
