Make decisions on behalf of someone

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1. 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 they바카라 사이트™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 someone바카라 사이트™s money or property for a limited time - for example, while they바카라 사이트™re on holiday.

They can appoint you with either:

  • a lasting power of attorney for 바카라 사이트˜property and financial affairs바카라 사이트™ - they바카라 사이트™ll say when it starts and ends
  • an 바카라 사이트˜ordinary power of attorney바카라 사이트™ - 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:

If the decision is about medical treatment, you must consider any living will () 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 바카라 사이트˜property and financial affairs deputy바카라 사이트™
  • health and welfare - as a 바카라 사이트˜personal welfare deputy바카라 사이트™

2. How to make decisions

As someone바카라 사이트™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 someone바카라 사이트™s best interests

Any decisions you make for someone must be right for them (바카라 사이트˜in their best interests바카라 사이트™). 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 person바카라 사이트™s human and civil rights as little as possible. Citizens Advice has .

You can never make decisions on someone바카라 사이트™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 바카라 사이트˜best interests바카라 사이트™ meeting can help you reach agreement.

If you cannot agree you can:

3. 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 they바카라 사이트™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 person바카라 사이트™s doctor or another medical professional to assess their mental capacity.

Follow the Mental Capacity Act code of practice when you check mental capacity.