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

Bartlett, Peter; Mudigonda, Mohan; Chopra, Arun; Morriss, Richard; Jones, Steven

Abstract

© 2016 Informa UK Limited, trading as Taylor & Francis Group. 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.

Citation

Bartlett, P., Mudigonda, M., Chopra, A., Morriss, R., & Jones, S. (2016). Planning for incapacity by people with bipolar disorder under the Mental Capacity Act 2005. Journal of Social Welfare and Family Law, 38(3), 263-286. https://doi.org/10.1080/09649069.2016.1228145

• Journal Article Type: Article
• Acceptance Date: Nov 4, 2015
• Online Publication Date: Sep 16, 2016
• Publication Date: Sep 16, 2016
• Deposit Date: Feb 29, 2016
• Publicly Available Date: Sep 16, 2016
• Journal: Journal of Social Welfare and Family Law
• Print ISSN: 0964-9069
• Electronic ISSN: 1469-9621
• Publisher: Routledge
• Peer Reviewed: Peer Reviewed
• Volume: 38
• Issue: 3
• Pages: 263-286
• DOI: https://doi.org/10.1080/09649069.2016.1228145
• Keywords: Advance Decisions to Refuse Treatment, Lasting Powers of Attorney, Mental Capacity Act 2005, Bipolar Disorder
• Public URL: https://nottingham-repository.worktribe.com/output/817337
• Publisher URL: http://www.tandfonline.com/doi/full/10.1080/09649069.2016.1228145
• Additional Information: Peer Review Statement: The publishing and review policy for this title is described in its Aims & Scope.; Aim & Scope: http://www.tandfonline.com/action/journalInformation?show=aimsScope&journalCode=rjsf20