There are 5 statutory principles under the Mental Capacity Act that everyone must follow when dealing with persons who lack or may lack mental capacity.

A deputy is appointed by the court to make certain decisions on behalf of a person who lacks mental capacity when the person has not made an LPA and has no donee to decide on his behalf in respect of those decisions. A deputy can be an individual, or a licensed trust company for property & aff airs [...]

Decision makers have a duty to consider many factors that focus on what is best for the person lacking capacity before making a decision on his behalf. 

The Code supports the Mental Capacity Act (the Act) and provides further explanation on how the Act should be applied in practice.

Provides safeguards to protect persons lacking capacity. The Act gives the Public Guardian supervisory and investigative powers and makes ill-treatment of persons who lack capacity by their caregivers and decision makers a criminal off ence. The Act also prohibits certain decisions from being made on behalf of the person wholacks capacity.

Lasting Power of Attorney (LPA) is a legal document that allows a donor to voluntarily appoint one or more donees to make decisions and act on his behalf should he lose the capacity to make his own decisions.

Office of the Public Guardian (OPG) has a wide range of responsibilities within the framework of the Mental Capacity Act. These include keeping a register of LPAs, supervising deputies and investigating allegations of ill-treatment.

A rigorously controlled test of a new drug or a new invasive medical device on human subjects.

A person, at least 21 years of age, appointed by the donor to make decisions and act on his/her behalf on personal welfare and/or property and affairs matters in the event he/she loses mental capacity. An undischarged bankrupt is not eligible to be a donee for property and affairs matters.

A person, at least 21 years of age, who makes an LPA, appointing donee(s) to take care of his/her personal welfare and/or property and affairs matters in the event he/she loses mental capacity.