When a person can no longer make decisions for themselves due to illness or injury, it’s vital to understand who is legally allowed to step in and act on their behalf.
How Mental Capacity Is Assessed
Mental capacity refers to the ability to understand, retain and weigh up information needed to make a decision. Under the Mental Capacity Act 2005, a person is assessed for each specific decision, meaning they might be capable of making some choices but not others. Mencap have a thorough guide on the Mental Capacity Act.
Everyday vs Major Decisions: Who Decides?
Simple, day-to-day choices – such as what to wear or eat – can often be made by whoever is supporting the person at the time, like a family member or carer. More serious decisions, such as those involving money, medical treatment or where someone should live, must be made by a registered attorney or court-appointed deputy if one is in place. Services like Power of Attorney Online make it easier to put the right arrangements in place before capacity is lost. You can Visit Power of Attorney Online to find out more.
What Happens If There’s No Attorney or Deputy?
If no one has been legally appointed to act on the person’s behalf, an application must be made to the Court of Protection to appoint a deputy. This process can take time and may involve additional costs. In urgent or complex situations, such as serious medical treatment or care decisions, a professional like a doctor or social worker may step in.
Making Decisions in the Person’s Best Interests
Anyone making decisions for someone who lacks capacity must follow the best interests principle, which ensures the decision is focused solely on what benefits the individual. This involves considering the person’s past wishes, current feelings and the views of close family or carers while also avoiding assumptions based on age, condition or convenience.
Appointing a trusted person as an attorney while still mentally capable offers far more clarity and control than waiting until a decision must be made in a crisis.
