Determining Best Interests Under the Mental Capacity Act 2005

The decision in In the Matter of G (TJ) concerns the application of the best interests standard introduced by section 4 of the Mental Capacity Act 2005 (MCA). The case itself concerns an application to the Court of Protection for an order, from the funds of a woman lacking capacity, for maintenance payments in favour of her daughter.1 Since the introduction of the MCA, decisions like this, which concern ‘property and affairs', are determined according to the same standard as decisions in respect of health and welfare.2 Accordingly, the decision provides useful general insights into the operation of the MCA best interests standard. However, as will be seen, there are important differences between decisions in respect of property and affairs and decisions in respect of health and welfare and a degree of caution is appropriate in drawing general conclusions. This commentary discusses the decision in In the Matter of G (TJ), together with other recent decisions in respect of property and affairs, and assesses their contribution beyond their immediate context.