Member

This amendment, working within the framework of the Mental Capacity Act, would make it easier for those undertaking assessments, would minimise the chance of confusion as to the application of the framework being proposed to the many decisions about capacity and best interests that are taken more broadly and would avoid difficult questions such as how to manage doubts about capacity, particularly if the impairment or disturbance in the functioning of the mind or brain is not clearly identifiable. It would allow elements of doubt to be explored. The amendment recognises that the Bill requires a person to have a settled wish to end their own life and therefore that that must be consistent over time, whereas the Mental Capacity Act is specific only to a specific decision at a specific time but does not require continuity.