How to make decisions

As someone’s attorney or deputy you must: give them all the help they need to make each decision before deciding they do not have mental capacity to make that decision themselves make any decisions in their best interests make decisions that restrict their human and civil rights as little as you can Helping someone make decisions Give the person all the information they need to make a decision. Make it easy for them to understand and weigh up the information, for example by: allowing plenty of time choosing a time that suits them best talking in familiar surroundings - for example, their home removing distractions such as background noise explaining things a different way - in pictures or sign language, for example Suggest different ways for them to tell you their decision if they cannot tell you in words - for example, by pointing, squeezing your hand, blinking or nodding. Making decisions in someone’s best interests Any decisions you make for someone must be right for them (‘in their best interests’). Take into account: what they would have decided if they could their past and present values and wishes, including moral, political and religious views Do not make assumptions based on their age, gender, ethnic background, sexuality, behaviour or health. It can help to: write down what the person has told you is important to them look at other things they wrote down or recorded (such as household budgets or home videos) speak to friends, family or colleagues who know them well consult anyone involved in their care, for example personal carers or care home staff notice their behaviour and reactions - this can tell you about wishes and feelings that a person cannot express in words Human and civil rights Your decisions must restrict the person’s human and civil rights as little as possible. Citizens Advice has information about human and civil rights . You can never make decisions on someone’s behalf about certain things, such as: voting relationships - for example consenting to sex, getting married or getting divorced Follow the Mental Capacity Act code of practice when you make decisions. Difficult decisions and disagreements Consult the person as well as their family, friends and carers. Including everyone in a ‘best interests’ meeting can help you reach agreement. If you cannot agree you can: get advice about how to reach agreement from the Office of the Public Guardian get help from an advocate who can represent the person’s best interests find a mediation service get help from the social services team at your local council if it’s a disagreement about the person’s care ask the Court of Protection to decide if it’s a major disagreement about a serious issue

Checking mental capacity

A person may not have mental capacity because of a problem with the way their brain functions, for example: a serious brain injury an illness, such as dementia severe learning disabilities Mental capacity can come and go (for example, with dementia and some mental illnesses). A person can also recover mental capacity (for example, following a severe stroke). What you must check You must check that a person has mental capacity to make a decision at the time it needs to be made. They can make the decision if they can: understand the information they need - for example, what the consequences will be remember the information for long enough to make the decision weigh up the options and make a choice communicate their decision in any way - for example, by blinking or squeezing a hand You cannot decide a person lacks mental capacity because you think they’ve made a bad or strange decision. If the person cannot make a decision at a certain time, they may still be able to: make it at another time make decisions about other things Do not make a decision for them if it can wait until they can do it themselves. Get help checking mental capacity You can ask the person’s doctor or another medical professional to assess their mental capacity. Follow the Mental Capacity Act code of practice when you check mental capacity.

Make decisions on behalf of someone

When you can make decisions for someone

Someone can choose you to make and carry out certain decisions on their behalf.

They can ask you to do this:

now - for example, while they’re on holiday
in the future - for example, if they lose the mental capacity to make their own decisions

You can also apply to a court to help someone make decisions if they do not have mental capacity now.

This guide is also available in Welsh (Cymraeg).

When someone can choose you

A person must have mental capacity when they choose you for short-term or long-term help with decisions.

Short-term help

You can be appointed to make decisions about someone’s money or property for a limited time - for example, while they’re on holiday.

They can appoint you with either:

a lasting power of attorney for ‘property and financial affairs’ - they’ll say when it starts and ends
an ‘ordinary power of attorney’ - you can only use this while they have mental capacity

To make an ordinary power of attorney, the person who appoints you needs to buy a document from a newsagent or use a solicitor.

Long-term help

You can be appointed with a lasting power of attorney to help someone make ongoing decisions about either or both:

money and property - starting at any time, or when they do not have mental capacity
health and welfare - starting when they do not have mental capacity

You can also help someone with ongoing decisions using an enduring power of attorney made before 1 October 2007.

When you apply to a court

Apply to a court to help someone without mental capacity with one-off or long-term decisions.

Check if someone already has an attorney or deputy to help them with decisions before you apply. If they do have an attorney or deputy, ask them for help instead.

One-off decisions

Ask the Court of Protection to make:

a one-off decision about an issue that’s not urgent
an urgent or emergency decision about something that puts them at risk

If the decision is about medical treatment, you must consider any living will (advance decision) that the person has made.

Long-term help

Apply to the Court of Protection to help someone long-term with decisions about either or both:

money and property - as a ‘property and financial affairs deputy’
health and welfare - as a ‘personal welfare deputy’

View a printable version of the whole guide

Make decisions on behalf of someone

When you can make decisions for someone

When someone can choose you

Short-term help

Long-term help

When you apply to a court

One-off decisions

Long-term help

Is this page useful?

Help us improve GOV.UK

Help us improve GOV.UK

Cookies on GOV.UK

Make decisions on behalf of someone

When you can make decisions for someone

When someone can choose you

Short-term help

Long-term help

When you apply to a court

One-off decisions

Long-term help

Related content

Is this page useful?

Help us improve GOV.UK

Help us improve GOV.UK