The Mental Capcity Act - Essay Example

The law also applies to common decisions involving personal care, diet, movement and grooming. In practice, the MCA generally provides for making decisions based on the victim’s best interests. In working out what the best interests of a vulnerable party looks like, the proxy must not tamper their decision with other unrelated issues such as the principal’s age, looks, condition or behaviour. Secondly, they should consider postponing important decisions for persons who cannot make decisions due to temporary conditions.

Thirdly, they should involve the individual who does not have mental capacity in decision-making processes (Murray, 2013). In contrast, the Act requires decision-making processes to be based on the vulnerable individual’s past principles. It is also important for proxy decision-makers to factor in the perceptions of others, especially care providers and other parties who are interested in the individual’s welfare (Symington, 2007). In addition, any such decisions should not be inclined towards taking the life of the vulnerable party if they still have a chance to recover.

The MCA has since substituted an Enduring Power of Attorney (EPA) with a Lasting Power of Attorney (LPA). An LPA is a licit document allowing persons to select an individual who can decide about their health and assets in the event that they become incapable. In this case, the attorney is the party mandated to draw conclusions on their behalf. In addition, with the LPA’s property and affairs option and the personal welfare option, vulnerable individuals have, since the MCA was implemented in 2007, enjoyed all-encompassing protection when they become incapacitated.

The property and affairs LPA provides the attorney(s) the authority to decide about the victim’s financial and other physical property issues, such as car or managing rental property. In contrast, the personal welfare LPA empowers the attorney(s) to decide on the victim’s health and individual welfare,