Question
A solicitor is administering a Lasting Power of Attorney on behalf of an elderly,care home resident.Does the solicitor need to have regard to the MCA Codes of Practice when making any decisions on behalf of that resident? Choose one option then select Submit. Yes. No.
Answer
4.3
(339 Votes)
Isla
Master · Tutor for 5 years
Answer
Yes.
Explanation
The Mental Capacity Act (MCA) provides a framework to protect people who lack capacity to make certain decisions for themselves. In this context, not only doctors and social workers but also solicitors are among the professionals who need to have regard for the MCA Codes of Practice, especially when someone gives them authority to make decisions on their behalf, like in the case of the Lasting Power of Attorney (LPA). When making any actions for a person with an LPA, such as an elderly care home resident, the solicitor is allowed to make decisions only within what’s provided in the guidelines of the MCA codes which includes various instructions, thus "Yes" should be the correct answer here.