A general guide on how the Mental Capacity Act affects you and how you can plan ahead for when you no longer have the mental capacity to make decisions for yourself.
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A deputy is a person the Court of Protection appoints to make decisions for you once you have lost capacity to make them yourself. This is different to an attorney, because an attorney is someone you appoint yourself, while you still have capacity.
The Court can decide:
The Court can also make a one-off decision without appointing a deputy.
A deputy can be someone like a friend, family member or professional with the right skills, as long as they:
Anyone applying to the Court of Protection to act as your deputy would need to show that:
You can get more information on how to apply from the Gov.uk website.
A deputy cannot normally make a decision that:
However, a deputy appointed to make healthcare or personal care decisions on your behalf will very likely be able to decide matters such as:
The Court will not appoint a healthcare or welfare deputy unless there is a need to make regular welfare decisions. If there is a disagreement about where you will live, for example, the Court will make that decision itself rather than appoint a deputy.
If the Court of Protection decides the deputy has not acted in your best interests, has become incapable of acting as your deputy or has acted outside of their powers it can:
The Office of the Public Guardian supervises deputies so you or anyone supporting you can complain to them if you have concerns about the way a deputy is acting, and you feel they are not acting in your best interests.
The Court of Protection makes decisions and appoints deputies to act on your behalf if you are unable to make decisions about your personal health, finance or welfare.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal TermsHealth professionals must act in your best interests before taking certain steps that affect your care and treatment.
The Mental Capacity Act has a best interests checklist, which outlines what health professionals need to consider before taking an action or decision for you while you lack capacity.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal TermsA deputy is a person the Court of Protection appoints to make decisions for you once you have lost capacity to make them yourself. A deputy usually makes decisions about finances and property. The court can appoint a deputy to take healthcare and personal care decisions, though this is relatively rare.
Visit our full listing of Legal TermsAn attorney is a person over the age of 18 whom you have appointed to make decisions on your behalf about your welfare and/or your property and financial affairs. You need an attorney if you are unable to make such decisions yourself. If you do not have the capacity to appoint an attorney, the Court of Protection will appoint a deputy to perform this role.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal TermsAn advance decision is a statement of instructions about what medical treatment you want to refuse in case you lose the capacity to make these decisions in the future. It is legally binding.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal TermsA lasting power of attorney is a legal document that lets you appoint someone, called an attorney, to make decisions for you.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal Terms'Capacity' means the ability to understand information and make decisions about your life. Sometimes it can also mean the ability to communicate decisions about your life.
For example, if you do not understand the information and are unable to make a decision about your treatment, you are said to 'lack capacity' to make decisions about your treatment.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal TermsThis information was published in November 2017.
This page is currently under review. All content was accurate when published.
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