Guide to jargon
Below is a guide to some of the phrases used in the Mental Capacity Act.
Advanced decisions
This allows the person the right to refuse treatment and is legal and binding. It can be oral or written, but must be written if it relates to life sustaining treatment. It must be made while the person still has capacity and is aged 18 or over.
Advanced statements
This is an expression of a person's wishes and preferences for treatment but is not binding. This also must be made while the person still has capacity.
Court of Protection
This is equal to the High Court and will rule on case law. It can make decisions about capacity and serious decisions on health care, treatment, welfare, property and finances. It can appoint and remove Deputies and make decisions on Lasting Power of Attonreys (LPAs).
Criminal offence of ill treatment and neglect
The act states that anyone caring for a person who lacks capacity, who is found to be ill treating or neglecting that person will be subject to a fine and/or prison sentence of up to five years.
Deputy of the Court
This is a person appointed by the court to act on behalf of a person who already lacks capacity. The court gives clear instructions on what the Deputy can act on and for what timescale.
Independent Mental Capacity Advocates (IMCAs)
An IMCA is someone appointed to support a person who lacks capacity but has no one to speak for him or her. They are appointed for decisions relating to serious medical treatment, a change of living situation and some adult protection cases.
Lasting Power of Attorney (LPA)
The act allows a person (aged 18 and over) to appoint an attorney to act on their behalf if they should lose capacity in the future. This can be for health and personal welfare as well as property and affairs. It must be made while the person still has capacity.
Public Guardian
Acts for the court, by registering LPAs, writing reports, keeping a register of court appointed Deputies and supervises them. It directs Court of Protection visitors and receives reports from LPAs. It also provides general information on the act and deals with enquiries and complaints.
Contact us
The Office of the Public Guardian and the Court of Protection
Archway Tower
2 Junction Road
London N19 5SZ
Telephone 0845 330 2900
Fax 020 7664 7705
Textphone 020 7664 7755
Website www.publicguardian.gov.uk