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Government consults on living will monitoring scheme

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The government has launched a consultation into proposals for a new monitoring scheme to protect patients who have made a ‘living will’ or no longer have the mental capacity to make decisions for themselves.

Patients deprived of their liberty under the Mental Capacity Act 2005 can be looked after according to a ‘living will’, which gives guidance for their care.

The act introduced a framework for making decisions on behalf of patient who lack the capacity to do so for themselves.

Under the new scheme, the new healthcare regulator, the Care Quality Commission (CQC), will set up a scheme to monitor patients who are deprived of their freedom on mental capacity grounds.

The scheme will give the CQC new powers to visit hospitals and care homes and visit and interview people in hospitals and care homes.

It will also have the power to request records related to care of people who have been sectioned.

Organisations must provide the requested information within 28 days and information will be included in an annual report at the end of each financial year. Those assessing standards will also need indemnity insurance.

Anyone wishing to contribute can do so via the DH website.

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