Llys Gwarchod

Presumption of Capacity — Every adult is presumed to have capacity unless established otherwise. Capacity cannot be assumed to be lacking merely because of age, appearance, condition, or behaviour (s.1 MCA 2005).

Decision-Specific Test — Capacity is assessed in relation to the specific decision at the specific time. A person lacks capacity if they cannot understand, retain, use or weigh, or communicate the information relevant to the decision (s.2–3 MCA 2005).

Best Interests — Any act done or decision made under the MCA for a person who lacks capacity must be in their best interests, considering their past and present wishes, beliefs, values, and the views of relevant people (s.4 MCA 2005).

Least Restrictive Option — Before any act is done or decision made, regard must be had to whether the purpose can be achieved in a way less restrictive of the person's rights and freedoms (s.1(6) MCA 2005).

Lasting Powers of Attorney — The donor can appoint attorneys to make decisions about property/finances or health/welfare while they have capacity. LPAs must be registered with the OPG (ss.9–14 MCA 2005).

Deputies — The Court of Protection can appoint deputies to make ongoing decisions for persons who lack capacity. Deputies must act in the person's best interests and report to the OPG (ss.16–21 MCA 2005).

Deprivation of Liberty — Restrictions on a person's freedom that amount to deprivation of liberty require legal authorisation, either through the court or (in care settings) the DoLS/LPS framework.