Planning for incapacity by people with bipolar disorder under the Mental Capacity Act 2005

Abstract

The Mental Capacity Act 2005 provides a variety of legal mechanisms for people to plan for periods of incapacity for decisions relating to personal care, medical treatment, and financial matters. Little research has however been done to determine the degree to which these are actually implemented, and the approach to such advance planning by service users and professionals. This paper looks at the use of advance planning by people with bipolar disorder, using qualitative and quantitative surveys both of people with bipolar disorder and psychiatrists. The study finds that the mechanisms are under-used in this group, despite official policy in support of them, largely because of a lack of knowledge about them among service users, and there is considerable confusion among service users and professionals alike as to how the mechanisms operate. Recording is at best inconsistent, raising questions as to whether the mechanisms will be followed.

Keywords:

• Advance decisions to refuse treatment
• lasting powers of attorney
• Mental Capacity Act 2005
• bipolar disorder

Notes

1. Proposals for substantial amendment to the deprivation of liberty safeguards are currently under consideration by the Law Commission (Law Commission, 2015). Proposals for reform from the Commission are expected at the end of 2016.

2. Based on the 2011 census - http://www.ons.gov.uk/ons/rel/census/2011-census/key-statistics-for-local-authorities-in-england-and-wales/rpt-ethnicity.html, accessed 9/08/14.

3. See below, s III.2.e. If this analysis is correct, then the number of LPOAs for property and affairs may be slightly higher than the raw statistics suggest.