The Mental Capacity Act has been abused from its inception.
The idea behind this act was to protect people who lack capacity but in many cases is being used to harm them.
Doctors are allowed to decide who does and doesn't lack capacity even when their specialty does not qualify them to make such a decision.
The act is being used to deliberately exclude carers and family members from assisting those they care for – if carers and family members stick up for the rights of the patient the MCA is used to bully them and to ignore their vital input.
People who do not lack capacity under the terms of this act are at risk of it being used to their detriment by doctors with appalling attitudes. It is being used to deliberately discriminate against disabled people and prevent them from accessing the health care they need.
This act can also be used to tear families apart. If a carer stands up for the rights of the person they care for or complains about aspects of official services then the act can (and has been) used to remove the cared for person from their home and prevent access to that person by family members.
This act is being used as a tool for revenge and to deny people rights.
Many people think that this act will never apply to them – but if they have the misfortune to arrive at a hospital unconscious or concussed or maybe a little confused through accident of illness then the act can be used to prevent their views and wishes being listened to. Doctors can exclude family members and refuse to listen to what they know to be the wishes of the patient.
This act is tearing lives apart, destroying families and causing harm to innocent people.