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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鈥檙e 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.

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鈥檚 money or property for a limited time - for example, while they鈥檙e on holiday.

They can appoint you with either:

• a lasting power of attorney for 鈥榩roperty and financial affairs鈥� - they鈥檒l say when it starts and ends
• an 鈥榦rdinary power of attorney鈥� - 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

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鈥檚 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 () 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 鈥榩roperty and financial affairs deputy鈥�
• health and welfare - as a 鈥榩ersonal welfare deputy鈥�

As someone鈥檚 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鈥檚 best interests

Any decisions you make for someone must be right for them (鈥榠n their best interests鈥�). 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鈥檚 human and civil rights as little as possible. Citizens Advice has .

You can never make decisions on someone鈥檚 behalf about certain things, such as:

• voting
• relationships - for example consenting to sex, getting married or getting divorced

Difficult decisions and disagreements

Consult the person as well as their family, friends and carers. Including everyone in a 鈥榖est interests鈥� 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鈥檚 best interests
• get help from the social services team at your local council if it鈥檚 a disagreement about the person鈥檚 care
• ask the Court of Protection to decide if it鈥檚 a major disagreement about a serious issue

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

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鈥檚 doctor or another medical professional to assess their mental capacity.