1. Power of Attorney

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Types of Powers of Attorney and Principles of Mental Capacity Act (MCA)

Types of Powers of Attorney

Description: Exploring the legal frameworks for decision-making on behalf of others under MCA.

  • Lasting Power of Attorney (LPA): Allows appointed individuals to make financial, health, and welfare decisions for another person.
  • Enduring Power of Attorney (EPA): Older legal tool replaced by LPA, still valid if signed before October 2007.
  • Deputy appointed by Court of Protection: Authorized to make decisions for individuals lacking capacity, overseen by the court.

Principles of Mental Capacity Act (MCA)

Description: Exploring the fundamental principles guiding decision-making under MCA.

  1. Principle 1: Every adult has the right to make their own decisions, presumed capable unless proven otherwise.
  2. Principle 2: Individuals must receive reasonable support before being deemed incapable of decision-making.
  3. Principle 3: Making a poor decision does not imply lack of capacity; individuals can make unwise decisions based on personal beliefs.
  4. Principle 4: Decisions made on behalf of others must be in their best interests, considering their welfare and preferences.
  5. Principle 5: Decisions should not unduly restrict the rights and freedoms of individuals lacking capacity.

Conclusion: Understanding these principles ensures decisions are made ethically and in alignment with the rights of individuals protected by the Mental Capacity Act.