Study On Mental Capacity Act

With the change in the social structure,there is a gradual shift to an aging society and great acceptance to the international concept of human rights,so the reform in the concepts and specific systems of adult guardianship system is imperative.At present,many countries are proceeding with the reform in the adult guardianship system.The latest one is Mental Capacity Act which was enacted in the United Kingdom in October 2007.It used a single bill to deal with the incapacity and this reflected latest developments in adult guardianship system in the United Kingdom.This article researched on the Mental Capacity Act and parts of adult guardianship system and conducted a review and reflection on the adult guardianship system in China.I hope that there will be improvement in the adult guardianship system of our country.This article is divided into five parts and a total of around 38000 words.Partâ… :Generalization,this part discussed the relation between Mental Capacity Act and the adult guardianship system.Started from the basic content of Mental Capacity Act, it described that the emergence of Mental Capacity Act was the latest perfection to the adult guardianship system.At the same time,this section discussed the related bills in the United Kingdom before the appearance of Mental Capacity Act.Partâ…¡:The background of Mental Capacity Act:This part described the background of the aging population as the social background and the development of human rights.Partâ…¢:The exposition of the main contents of Mental Capacity Act:This part described the main contents of the reform of the adult guardianship system in China,the five basic principles as the basis for constructing this act,the LPA system exerted profound impact on the adult guardianship system and the emergence of the two public groups,that is,The court of protection and the public guardian.Partâ…£:Discuss and analysis the adult guardianship system in China:First of all,the part simply introduced our legislation from the perspectives of the ward,the guardian,the duties and responsibilities of the guardian and the identifion of the Incapacitated and the limited capacity person.And the later it described the backward of our concepts,the defects of our modes,imperfections on the scope of protection,the types of the guardianship,the issues of supervision and the rights and obligations of guardians in the legislation of our country.Partâ…¤:Enlightenment of Mental Capacity Act to the guardianship system of our country:This part discussed from six aspects.First,we should introduce the new concepts of "respecting the rights of self-determination" and "normalization" and these two concepts should be embodied in the Civil Code of China.Secondly,using new models and introducing the case review system.It discussed the introduction of case review system and the improvements of designation of the current systems.Thirdly,increase the scope of protection.It discussed this issue from two aspects,that is,the increase of the international scope of protection and our scope of protection should be increased.Fourth,the types of Guardianship:It describes the freewill guardianship system and its enlightenment to the adult guardianship system of our country.Fifth,the establishment of guardianship supervisor:Public authority should he intervened.Our country should establish the supervision of the guardian or custody supervision authority.Sixth,the perfection of the contents of Guardianship system:It described the perfection of the contents of guardianship from two aspects,that is,the responsibilities of the guardian and the rights of the guardian.