The Mental Capacity Act 2005 ('the MCA') is the law which sets out how decisions must be made on behalf of people who lack mental capacity to make decisions for themselves. It requires that any decision made on behalf of such a person must be made in their best interests.
People involved with this decision-making process could include family members, advocates (including Independent Mental Capacity Advocates), care home managers and other care organisations. In the vast majority of cases, all involved parties can agree on a decision by following the 'best interests' decision making process under the MCA. However, when a serious dispute arises under the MCA, cases can be referred to the Court of Protection for a decision.
