Abstract
After a long journey, the Mental Capacity Bill has reached its final stages in Parliament with the discussion of the report stage having taken place in the House of Commons on 14 December 2004. The Law Commission (1995) published recommendations for legislation on mental capacity following consultation on all aspects of decision making on behalf of the mentally incapacitated adult. The report was followed by a new consultation in 1997 (Lord Chancellor's Office, 1997) and a White Paper in 1999 (Lord Chancellor's Office, 1999). The present Bill received scrutiny by the House of Lords and House of Commons Joint Committee (2002–2003) which made significant recommendations including the change of title from Mental Incapacity to Mental Capacity.
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