Mental Capacity Act 2005 & Care Act 2014: Essential Q&A Guide

05th December 2025

What is the Mental Capacity Act (MCA)?

The Mental Capacity Act 2005 provides a legal framework for how decisions can be made on behalf of adults (16+) in England and Wales who might lack the capacity to make some or all decisions for themselves.

Under the Act:

• People must be assumed to have capacity unless it’s clearly shown they lack it.
• Support should be given whenever possible to help them make their own decisions.
• An unwise decision alone does not mean lack of capacity.
• Any decision made for them must be in their best interests and be the least restrictive option to their freedoms.

The MCA applies to decisions about everyday life (what to eat, where to live) as well as serious decisions about medical treatment, care, finances, or personal welfare.

What does the Care Act 2014 do?

The Care Act 2014 sets out the responsibilities of local councils in England for care and support. It outlines how care needs should be assessed, who qualifies, and what support carers are entitled to. Importantly:

• Local authorities must promote an individual’s wellbeing when assessing care or support needs.
• Even carers (family or friends) now have legal rights to assessment and support — not just the person needing care.
• There are national eligibility criteria ensuring consistent adult social-care assessments.

The Act also addresses safeguarding for vulnerable adults, quality of care, and integration of support services. 

How do the MCA and Care Act work together?

When a person may lack capacity to make decisions, the MCA provides the legal test and principles for decision-making. The Care Act ensures that local authorities assess care needs and provide support, including when capacity issues arise. Together they ensure:

• Decisions about care and support are made in the person’s best interests, with capacity assessed properly.
• Carers and family members have rights to support and assessment, not just the primary service user.
• Safeguarding and welfare are considered when people lose capacity or need long-term support.

For example: if someone with dementia needs a care plan, the council should assess their needs under Care Act rules, but the decision about consent and care preferences may be guided by the MCA framework.

Who is protected, and who makes decisions when capacity is lost?

If a person lacks capacity, the MCA allows decisions to be made by:

• A person appointed under a Lasting Power of Attorney (LPA) for health/welfare or financial/property
• A legal deputy appointed by the Court of Protection if there is no LPA or the LPA isn’t sufficient.

Even when a care plan is arranged under the Care Act, decisions about consent and treatment must comply with the MCA principles. This keeps the person’s autonomy and legal protection central.

When should I consider using an LPA in light of these Acts?

• If you or someone you care about might lose capacity due to dementia, illness, or injury
• If you want to ensure clear, legal authority over care, medical treatment, property or finances
• If you want to make sure your wishes and values are respected even if you can’t voice them yourself
• If you want to avoid the delays and costs of a Court of Protection application

An LPA gives peace of mind and ensures compliance with both the MCA (on capacity) and the Care Act (on care/support rights).

The Mental Capacity Act 2005 and Care Act 2014 together create a powerful protective system for vulnerable adults: balancing rights, autonomy, care and safeguarding.

Applying, through a service like Power of Attorney Online, and registering an LPA is the best way to ensure your wishes and welfare are respected, and to make life easier for those who care for you in the future.