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The government confirmed this week that a draft bill to protect and empower vulnerable adults would be renamed the 'Mental Capacity Bill' as opposed to the Mental Incapacity Bill, writes Clare Jerrom.

A joint parliamentary committee report on the draft bill published last November said the test of mental capacity, not incapacity, was central to the bill and recommended changing the name in order to improve public attitudes.

The government said the draft bill provides a new statutory framework to protect vulnerable people, carers and professionals, and makes clear who can take decisions in which situations and how they should go about it.

The committee had raised concerns that the scope of the proposed 'general authority', which would allow everyday and emergency decisions to be made on behalf of a person unable to make their own decisions, remained unclear.

A coalition of 30 charities warned last week that the bill would be “toothless” unless it ensures the availability of advocates to guard the rights of those who need support to make decisions. The government confirmed that further work would be undertaken in the area of advocacy.