Court of Protection
The Mental Capacity Act 2005 made new provisions for people who lack capacity to make their own decisions.
The Principles
The following principles apply for the purpose of the Act:
- A person must be assumed to have the capacity unless it is established that they lack capacity
- A person is not to be treated as unable to make decisions unless it is established that they lack capacity
- All practical steps must have been taken to help a person make their own decisions without success
- An act performed or a decision made under the Act for and on behalf of a person who lacks capacity must be performed or made in their best interests
A person lacks capacity if he is unable to make decisions for himself due to some form of mental impairment. It does not matter if the condition s temporary or permanent. The person’s appearance or aspects of unusual or eccentric behavior should not in itself lead to unjustified assumptions about mental capacity.
Inability to make decisions
A person is unable to make decisions if they cannot:
- Understand the information required to make a decision
- Retain that information
- Evaluate that information as part of the decision making process
- Or communicate a decision either verbally, uing sign language or any other means
The Court of Protection
The Court of Protection can:
- Decide wheather a person has the capacity to make a particular decision for themselves
- Make declarations, decisions or orders on financial or welfare matters affecting people who lack the capacity to make such decisions
- Appoint deputies to make decisions for people lacking the capacity to make those descisions
- Decide whether a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA) is valid
- Remove deputies or attorneys who fail to carry out their duties
- Hear cases concerning objections to register an LPA or EPA and make decisions about whether an LPA or EPA is valid
Resources
