Introduction

This paper considers the approach to decision-making on behalf of mentally incapacitated adults. It updates and revises the 1996 article Ethical Aspects of the Law Commission Report on Mental Incapacity in this journal. The Law Commission Report No. 231, Mental Incapacity, issued in February 1995, was the final outcome of a lengthy and wide-ranging process of consultation. This process resulted in four consultation papers over a period of four years. The Government did not support the Law Commission’s draft bill on mental incapacity and a further consultation period was initiated (Who Decides? Making Decisions on Behalf of Mentally Incapacitated Adults, Cm. 3803). This process culminated in October 1999 when the Lord Chancellor’s Office issued its report, Making Decisions (Cm. 4465). This policy statement sets out the Government’s proposals to improve the decision-making process for those who are incapable of making decisions for themselves or who cannot communicate their decisions.