Office of Fair Trading
The OFT published 'Mental capacity - OFT guidance for creditors' on 28/9/11.
See also
Consultations#Office of Fair Trading
External links
OFT press release: OFT publishes mental capacity guidance (28/9/11)
OFT website: 'Mental capacity guidance for creditors' page
Office of Fair Trading, 'Mental capacity - OFT guidance for creditors' (September 2011, ref OFT1373). The guidance contains the following chapters: (1) Introduction; (2) Mental capacity and its relevance to a borrowing/lending decision; (3) Indicators that borrowers have, or may have, mental capacity limitations; (4) Practices and procedures; (5) Regulatory compliance and enforcement. The annexes are: (A) Useful contacts; (B) Powers of Attorney and Deputyship; (C) Other relevent guidance and legislation.
INFORMATION
- Aftercare
- Changes made by MHA 2007
- New procedure for renewal of detention
- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
- Approved Mental Health Professional replaces Approved Social Worker
- Supervised Community Treatment replaces Supervised Discharge
- Mental disorder no longer split into separate classifications
- Some exclusions to definition of mental disorder have been removed
- Hospital directions under s45A apply to any mental disorder
- New definition of medical treatment
- Civil partners are treated as if married when determining nearest relative
- Additional safeguards for ECT introduced in new s58A
- Treatment while under SCT is covered by new Part 4A
- NHS Foundation Trusts discharge power problem remedied
- Patients can be transferred between places of safety under s135 and s136
- 16- or 17-year-old with capacity cannot be detained on basis of parental consent
- Restriction orders can no longer be time-limited
- Legal status of Code of Practice set out in Act
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- Minor drafting error in MCA 2005 corrected
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- Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT
- Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability
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