Coronavirus / COVID-19
It is older people and those with existing long-term health conditions who are likely to be most at risk from COVID-19 and who are also more likely to need their freedoms protected by the Mental Capacity Act (MCA) 2005. The Act has not made any changes to the Mental Capacity Act 2005, although guidance in relation to Deprivation of Liberty Safeguards has been published, see Deprivation of Liberty Safeguards (DoLS) during the Coronavirus (COVID-19) Pandemic.
Unresolved conflicts / best interest decisions must still be escalated to the Court of Protection.
Please note: In Re KT & others which was heard before the Court of Protection Mr Justice Charles approved the use of general visitors to act as Rule 3A Representatives, when there is no one else such as family members or advocates available to act for the person who is the subject of the proceedings. General visitors are commissioned by the Court of Protection to visit the person and others involved in the case and report back their findings. Appointing a general visitor safeguards the rights of the person.