OK, so from reading the bill it appears that those resident in Wales will be assumed to have given their consent to their bodies being used for transplant after death unless they explicitly express a reservation before death or a relative or appointed agent expresses their wishes after death.
In the case of the mentally incapable, which means anyone not deemed able to understand the law, their consent will be assumed unless (again) a relative comes forward to express a differing view.
So, seems to me, mental patients and the retarded who lack capacity can be assumed to be doners if they have no close family. Whether it actually works like that or not in practice we shall have to see but it seems to me it would be better to assume that all those without capacity do NOT give their consent, that would be more humane, rather than potentially harvesting the lonely and handicapped for their organs - which is what COULD happen.
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