ABSTRACT
This chapter discusses various legal documents for an adult patient who lacks the mental capacity to decide on some elements of the treatment. When a patient has lost capacity and has not previously appointed a Lasting Power of Attorney (LPA) to oversee their affairs, the Court of Protection may appoint a 'deputy' to act on their behalf. Two types of deputy can be appointed: one for Health and Welfare and one for Property and Affairs. Decisions about treatment made on behalf of patients who lack capacity should always be made in the patient's best interests, as guided by the Mental Capacity Act 2005 Section 4, and should be the least restrictive to the patient's basic rights and freedoms. Section 5 of the Mental Capacity Act 2005 provides protection from liability for actions carried out to care for an adult who is reasonably believed to lack the capacity to consent for that action.
