ABSTRACT
Mental capacity is a significant and increasing issue in health and social care. Mental capacity legislation has implications for a significant proportion of the population of all developed countries – probably over 10% if the carers of people with impaired decision-making are included. Moreover, the scope of mental capacity legislation is extremely broad, encompassing financial, health, welfare and social areas. In England and Wales, mental incapacity law dates back to the thirteenth century, when powers to deal with the estates and welfare of people who were incapable of making decisions was given to the king. The Convention emphasises that legal capacity is a universal right that applies even for those without mental capacity. Professionals and professional groups involved in implementing mental capacity legislation should be mindful of its limitations and proactive in identifying and publicising aspects that require amendment in response to social and cultural change.
