The Mental Capacity Act (MCA) 2008 is a timely legislation that attempts to address the need to decide and act on behalf of persons who are unable to make those decisions themselves. The MCA 2008 recognises the serious legal and ethical implications of declaring a person to be lacking in capacity, and lists explicit and robust guidance for making capacity determination before a person’s civil liberty can be curtailed in the name of his best interests. This paper will discuss some of the ethical issues related to the MCA 2008 and the new provision of Lasting Power of Attorney (LPA) in the MCA.