The Mental Capacity Act 2005 sets out how decisions should be made when someone cannot make them for themselves. Here in Leeds and across Yorkshire, families often come to us when they’re worried about a loved one’s health, finances or safety and they’re unsure of what the law expects them to do.
With over 3,000 five-star reviews, Winston Solicitors is known for giving clear, calm advice at moments when life feels overwhelming. The MCA can seem technical but in everyday terms it’s about protecting people, respecting their wishes and making sure decisions are fair and safe.
The service I received regarding wills and powers of attorney, were handled in a very professional and sympathetic manner. Thanks must go to Monika for leading me through the "legal minefield" involved. My late wife and I originally used Winston Solicitors years ago for all our legal dealings at the time and we could honestly say we could not have chosen better.
Client, Roundhay
- Understand MCA rules UK-wide
- Get Leeds/Yorkshire guidance
- Plan care and property choices
- Link MCA with your LPA
- Protect vulnerable loved ones
- Know your next legal step
What the Mental Capacity Act 2005 Means in Plain English
The law says someone “lacks capacity” if they can’t understand, remember, or weigh up information needed to make a decision, or can’t communicate their choice. This could be due to dementia, a brain injury, a learning disability or a temporary medical issue.
Capacity is decision-specific
Someone might be able to choose their meals but not manage their property sale. The law looks at the decision in front of them, at that moment in time.
The Five Key Principles of the MCA (Explained Simply)
These principles guide every decision:
- Presume capacity first
You start from the position that the person can decide, unless proven otherwise. - Give all possible support
Use clear language, quiet spaces, visual aids - whatever helps them decide. - Unwise decisions are allowed
Making a risky choice does not equal lacking capacity. - Act in their best interests
If they genuinely can’t decide, you must choose what keeps them safe and respects their values. - Choose the least restrictive option
Help them live as freely as possible while keeping them protected.
Who Has to Follow the Mental Capacity Act?
In Leeds, across Yorkshire, and throughout the UK, the Act applies to:
- Doctors, nurses and social workers
- Anyone paid to provide care
- Attorneys appointed under a Lasting Power of Attorney
- Deputies appointed by the Court of Protection
- Family carers making day-to-day decisions
These rules help everyone work consistently and fairly, and they protect vulnerable people.
How the MCA Connects to Lasting Power of Attorney (LPA)
Many people first hear about the MCA when creating or using an LPA. The two go hand-in-hand:
- LPAs follow MCA principles
- Attorneys must act in the person’s best interests
- Capacity assessments may be needed before an attorney steps in
- The MCA can guide attorney decisions, including selling a home
If you’re unsure when an Attorney can take action, we can walk you through it in minutes.
The MCA sets the standard for fair decision-making and protects people who may be vulnerable.
Monika Volsing, Head of Private Client at Winston Solicitors
Practical Examples (So You Can See How the MCA Works)
Example 1: Daily decisions
Someone with early dementia can choose their meals but struggles with finances. They still have capacity for everyday decisions.
Example 2: Property sale
Before a home can be sold, a capacity check may be needed. The MCA can help you decide if the person understands the sale.
Example 3: Medical treatment
Doctors must support the person to decide. If they can’t, treatment must be in their best interests.
How to Apply the Mental Capacity Act in Real Life (Step-by-Step)
- Identify the decision
Be clear about what choice needs to be made. - Presume capacity
Start by assuming the person can decide. - Support them
Use simple language, repeat key points, and check understanding. - Assess capacity
Ask if they can understand, retain, weigh up, and communicate the decision, and assess this yourself. - Check best interests
If they can’t decide, note their wishes, beliefs and what keeps them safe. - Choose the least restrictive option
Pick the route that maintains as much independence as possible. - Record your reasoning
Written notes protect everyone involved.
Need Help? You Don’t Have to Work This Out Alone
If you’re worried about a loved one’s ability to make decisions, or if you’re unsure how the MCA applies to a decision someone needs to deal with involving a capacity issue, we’re here to help.
Our Leeds-based team supports families across Yorkshire with clear, compassionate advice.
Speak to our mental capacity solicitors today! We’ll guide you step by step.
Yes. The Mental Capacity Act 2005 is a UK law that explains how decisions should be made when someone cannot make them for themselves. It applies to people aged 16 and over in Leeds, Yorkshire and across the UK.
The five principles are: presume capacity, give support, allow unwise decisions, act in best interests, and use the least restrictive option. These rules guide anyone making decisions under the Act.
It means you start by assuming a person can make their own decision unless there is clear evidence they cannot. It protects independence and avoids unfair assumptions about someone’s abilities.
Section 16 gives the Court of Protection power to appoint a Deputy to make decisions for someone who lacks capacity. Deputies must follow all MCA principles and make decisions in the person’s best interests.
This happens if a person loses capacity, but they don’t have a Lasting Power of Attorney in place and decisions need to be made for them. At this point, someone (a friend, relative or professional) applies to be their deputy.
Yes. A person must understand the nature and consequences of selling their home. If they cannot, an Attorney Deputy may need to step in, following MCA rules.
LPAs work under the Mental Capacity Act (MCA). Attorneys can refer to the MCA or the related Code of Conduct for guidance. They can also ask the Office of the Public Guardian (OPG) for advice on how to act.
The OPG is the government body which oversees attorneys and deputies. They ensure attorneys and deputies act in the best interests of the vulnerable people they represent. They also advise attorneys and deputies.
Family members won’t be able to make key decisions straight away. Someone may need to apply to the Court of Protection to become a Deputy - a slower and more expensive process than having an LPA in place.
