Abstract

This paper assesses the impact that the Mental Capacity Act 2005 has had on service providers, the level of understanding of the Act in practice, and changes to the regulatory framework by reference to the Commission for Social Care Inspection, the new Court of Protection and the Office of the Public Guardian. It gives examples of key issues where there is evidence of some misunderstandings about the provisions and operation of the Act. It identifies practical steps that managers need to address, in particular in relation to policies, procedure and training, and in relation to contracts.

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