The Mental Capacity Act applies to individuals who lack the capacity to make certain decisions as a result of an impairment of their brain or mind. This framework covers both day-to-day matters and serious life-changing decisions, either in hospital or in the community, and provides professionals with a framework to guide them when making decisions on the patient’s behalf.
The Liberty Protection Safeguards will replace the DoLS framework and introduce new statutory responsibilities for NHS Trusts. The scheme aims to safeguard individuals who lack the mental capacity to consent to their care arrangements, if these amount to a deprivation of liberty.