http://www.legislation.gov.uk/ukpga/2005/9/section/27/notesIncapacityLegislationMedical and psychiatric treatmentCivil and human rightsLawExplanatory Notes to Mental Capacity Act 2005Department for Constitutional AffairsKing's Printer of Acts of Parliament2020-04-20 9 7 April 2005 93 This lists certain decisions that can never be made under the Act on behalf of a person who lacks capacity. For example, in relation to adoption, if a birth parent lacks capacity to consent to an adoption order the rules as to dispensing with consent in the adoption legislation will apply. There will be no question of an attorney consenting or of the Court of Protection making an order or appointing a deputy to provide the requisite consent.