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Real World Lecture: The Elderly and the Law - Does ‘Best Interests’ Really Work?

The Mental Capacity Act 2005 is designed to protect and empower people who may lack the mental capacity to make their own decisions about, for example, their care and treatment. This might be because of an injury, a disease, an accident, or some other reason. The Act creates a (now tried and tested, and widely respected) framework which guides the making of decisions (and the taking of actions) on behalf of people who lack mental capacity. In a medical or welfare context, such a decision or action might need to be taken by, for example, an NHS Trust or a local authority, or by a home carer, or indeed by a family member or friend. On occasions, there is a difference of opinion between, say, the NHS body/local authority and the person who lacks capacity (or their family) about the best or right way forward. In these cases, the NHS Trust/local authority may decide to apply to the court for an order, effectively, sanctioning a particular course of action. One of the key principles laid down by the Mental Capacity Act 2005 is that any decision made on behalf of a person who lacks capacity must be made in that person’s best interests. In this talk, Emma will be looking at how the best interests test currently works, in cases where decisions need to made on behalf of an elderly person. Emma will be considering whether the law as it stands is good law, or whether reform to the law would be desirable. Join us for this engaging virtual session to explore how the law shapes real-life decisions for elderly individuals. This session is ideal for students interested in law, healthcare, or social policy, offering a valuable opportunity to deepen your understanding of how legal principles operate in practice and affect vulnerable people.