Elderly people and individuals with reduced capacity should have their wishes and feelings taken into account before decisions are made to move them to a home, the Law Commission has proposed in a series of root-and-branch reforms to Britain’s mental capacity laws.

The new rules, outlined in a consultation in summer 2015, will ensure that local authorities carry out a more proportionate assessment when determining a person’s ‘best interests’ under section 4 of the Mental Capacity Act. This will give greater input t...

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