ABSTRACT
In cases of serious doubt or dispute about an individual's mental capacity or best interests, an application can be made to the Court of Protection for a ruling. The Mental Capacity Act 2005 (MCA) established the Court of Protection to deal with decision-making for adults who may lack the capacity to make specific decisions for themselves. The Court of Protection deals with serious decisions affecting personal welfare matters, including healthcare, which were previously dealt with by the High Court. The department of health has published guidance on referrals to court where capacity is in doubt. The MCA does not usually apply to children younger than 16 who do not have capacity. Those with parental responsibility for children under 16 years can make decisions on their behalf. Where a child under the age of 16 lacks capacity to consent can be given on their behalf by any one person with parental responsibility or by the court.
