Mental Capacity Act 2005
(MCA 2005)
The statute governing decision-making for people who lack mental capacity in England and Wales. Sets out the five statutory principles (s.1), the test of capacity (s.2-3), best interests decision-making (s.4), Lasting Powers of Attorney (s.9-14), Court of Protection (s.45-61), and Independent Mental Capacity Advocates.
The MCA 2005 codified previous common law principles into a comprehensive framework. The five principles in section 1 are: presume capacity, support decision-making, unwise decisions are not incapacity, best interests, least restrictive option. Section 2 defines incapacity as inability to make a decision because of an impairment of, or disturbance in, the functioning of the mind or brain. The Court of Protection makes decisions for those who lack capacity. LPAs (registered with the Office of the Public Guardian) allow proactive appointment of decision-makers. Deprivation of Liberty Safeguards (now being replaced by Liberty Protection Safeguards) protect those deprived of liberty in their best interests.
Related guides
Mental Capacity Act Basics
The Mental Capacity Act 2005 (MCA) is the law that governs decisions made for people who lack the mental capacity to make specific decisions themselves. It applies to all adults in England and Wales and underpins how healthcare, social care, and legal decisions are made for vulnerable people.
6 min
Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more people (your 'attorneys') to make decisions on your behalf if you lose mental capacity in future. There are two types: one for property and financial affairs, and one for health and welfare. Making an LPA while you still have capacity is one of the most important planning steps you can take.
7 min
Applying to Become a Deputy at the Court of Protection
When someone loses mental capacity to make their own decisions and has no Lasting Power of Attorney in place, family or others may need to apply to the Court of Protection to be appointed as a deputy. The process takes 4-9 months and costs around £400 in fees plus solicitor charges. The deputy then makes decisions on the person's behalf under the Court's supervision. This guide explains when it's needed, the forms, and the supervision regime.
11 min