The Mental Capacity Act 2005 sets out how decisions can be made for those who lack mental capacity in  England and Wales

The Act protects and helps  people who lack capacity due to dementia, stroke, disability or mental health.

The  Office of the Public Guardian is responsible under the Mental Capacity Act for:

This Court specialises in issues relating to people who lack capacity to make certain decisions. The Court makes decisions and appoints Deputies to act in the best interests of those persons.

Is a Court application necessary?

The Mental Capacity Act’s starting point is that someone should be assumed to have capacity to make their own decisions unless it can be shown that they lack capacity to do so.

The Act states that people must be given help and support to make their own decisions or to  raise their participation in decision-making.

The intention of the Act is to ensure that any decision made, or action taken, on behalf of someone who lacks the capacity to make the decision or act for themselves is made in their best interests.