Plan to protect those without capacity revealed

A plan on how the Isle of Man's first Capacity Act will be implemented has been published by the Department of Heath and Social Care.

Up until now there has been no legal framework for those that cannot make or communicate decisions themselves in healthcare settings.

The document sets out how capacity will be defined, where the act will be applied, and how the new laws will be brought in.

Health minister Claire Christian said: "This act provides a modern, clear, legal framework to shield the rights, dignity, and well-being of these individuals."

The act is pertinent to staff working in care, and those receiving treatment who are over the age of 16.

It is also intended to assist "people who have capacity and want to plan ahead", Ms Christian said, adding that the act would provide "a welcome and much-needed update to our social care system".

The Capacity Bill had its first reading in the House of Keys in May 2022 and, after making its way through the legislative process, received Royal Assent in April 2023.

The act is expected to have an impact on proposed assisted dying legislation, where the subject of decision-making capacity has been a key topic of debate for Manx politicians.

The implementation plan outlines a timeline and four schedules: on lasting power of attorney, property and finance affairs, transitional provisions and savings, and minor and consequential amendments.

The lasting power of attorney provision gives people the ability to appoint someone "to make decisions on their behalf if they lose the capacity to do so themselves".

This could be for reasons including "having significant learning difficulties or mental health problems, suffering a stroke or head injuries, or the onset of dementia", the plan explained.

It also outlined how health and social care professionals would be trained to "assess capacity themselves using a best interests' test" in accordance with the act's code of practice.

That document has been drafted and is to be reviewed by a steering group, formed to assess and address the code as it is brought in.

The department aims to complete "initial work" with the intention of bringing the act into effect within the next 10 months.

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