Joint Committee on the Draft Mental Incapacity Bill Written Evidence

52.Memorandum from Age Concern Cymru (MIB 43)

  Age Concern Cymru is pleased to see the publication of the draft mental incapacity Bill. Age Concern Cymru has been a member of the Mental Incapacity Consultative Forum and has shared the information from the Forum with the 27 local Age Concern organisations operating in Wales and members of Age Alliance Wales representing national voluntary organisations working with older people in Wales. There is recognition among these organisations that legislation is needed to provide a legal framework for decision-making where a person lacks mental capacity.

  However, Age Concern Cymru is concerned that the focus of the Bill is on the court system only. No consideration is given to the powerful role advocacy can play in helping people with limited mental capacity make decisions or contribute to the decision making process. Advocates should not be a family member and have no vested interest in the decision making process. Age Concern Cymru would urge that the Bill should recognise the importance independent advocacy can play in decision making and see it as integral to the process.

  Age Concern Cymru have been pleased by the consultation process proceeding and following the publication of the draft Bill. It has been helpful that workshops on the draft Bill have been held in Cardiff. This has enabled more Welsh organisations and members of the public to participate in the consultation process.

August 2003

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