Mental Capacity (Amendment) Act 2019

Key Points

• People lacking capacity must be fully informed of their rights before decisions are made, with support from Independent Mental Capacity Advocates where needed.
• Medical treatment is defined to align with the Mental Health Act, clarifying what counts as authorised medical decisions for someone who lacks capacity.
• Decisions must take into account the cared-for person’s wishes and feelings, making the process more person-centred.
• Terminology changes modernise language (eg, replacing “unsound mind” with “mental disorder”) and some age-related provisions were adjusted (notably shifting some thresholds to 16 or 18 depending on context).
• The Act links with Education, Health and Care planning in Wales and introduces transitional provisions (Part 8) to manage changes while rules are implemented; the role of professional decision-support (Approved Mental Capacity Professionals) is clarified and expanded where appropriate.

Progress

The bill progressed from Lords stages in 2018 through Commons consideration in early 2019 and received Royal Assent in May 2019, making it law.

Voting

Votes on the amendment showed a partisan split in places: Labour and other non-Conservative groups generally supported the proposals, while the Conservative Party and DUP opposed, with mixed positions from SNP, Liberal Democrats and others. The overall debate reflected differences over how tightly to protect autonomy and how to define medical treatment and eligible decision-makers.