The Mental Capacity Act, the Office of the Public Guardian and the new Court of Protectio

Abstract

Monday 1 October sees the implementation of the majority of the Mental Capacity Act 2005 (the Act). Parts of the Act came into operation in April 2007, namely the creation of a new criminal offence of wilful neglect or ill treatment, the provision of Independent Mental Capacity Advocates (IMCAs) in England, and the Code of Practice governing the Act.The months leading up to October have been an exceptionally busy time for the Public Guardianship Office (PGO). The new legislation creates a new Office of the Public Guardian (OPG), which will replace the existing PGO. But there is more to this change than a simple re‐arrangement of words, as shown in this article.

Citation

Gearty, Y. (2007), "The Mental Capacity Act, the Office of the Public Guardian and the new Court of Protectio", The Journal of Adult Protection, Vol. 9 No. 3, pp. 39-46. https://doi.org/10.1108/14668203200700020