Mental Capacity Act 2005

For full guidance on the Mental Capacity Act, staff should refer to the Code of Practice for the Mental Capacity Act.

• 39 Essex Chambers 39 Essex Chambers | Barristers Chambers
• Department of Health Mental Capacity Act Code of Practice - GOV.UK (www.gov.uk)
• SCIE Mental Capacity Act (MCA) and DoLS | SCIE
• LGA & ADASS Mental Capacity Act including DoLS | Local Government Association

For information regarding DNACPR please visit: ReSPECT for healthcare professionals | Resuscitation Council UK.

What is the Court of Protection?

The Court of Protection make decisions on financial or welfare matters for people who can’t make decisions at the time they need to be made (they ‘lack mental capacity’).

They are responsible for:

• deciding whether someone has the mental capacity to make a particular decision for themselves
• appointing deputies to make ongoing decisions for people who lack mental capacity
• giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity
• handling urgent or emergency applications where a decision must be made on behalf of someone else without delay
• making decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration
• considering applications to make statutory wills or gifts
• making decisions about when someone can be deprived of their liberty under the Mental Capacity Act.

You can find guidance about this on the GOV.UK website, and you can see judgements from the court on the British and Irish Legal Information Institute (BAILI) website.