The Vulnerable Adults Act 2018 (“VAA”) was enacted to safeguard vulnerable adults from abuse, neglect or self-neglect, and to provide for connected matters. You apply under the VAA when you want the State to intervene, in order to protect the vulnerable adults at risk of being abused, neglected or self-neglected. The VAA therefore acts as a shield for vulnerable adults from abuse or neglect.

The Mental Capacity Act 2008 (“MCA”) on the other hand was enacted to make provision relating to persons who lack capacity, and to provide for matters connected therewith. You apply under the MCA in order to appoint a deputy to make decisions relating to personal welfare, property, or affairs for an adult lacking capacity to do so. The MCA therefore allows others to act on behalf of someone lacking mental capacity. In summary, if the objective is to prevent a vulnerable adult from being abused or neglected, you should apply under the VAA.

If the aim is to appoint someone to make decisions for someone without the ability to do so, you should apply under the MCA.