Mental capacity and decision-making

How does it affect family, friends and unpaid carers?

The Act protects a person's rights and is relevant to anyone who has a relative or friend who may lack capacity. It covers major decisions about someone’s property and financial affairs, health and welfare and where they live.

• It covers everyday decisions about personal care, when the person can’t make those decisions for themselves.
• It clarifies the process for caring for people who may lack capacity.
• It clarifies how decisions should be made for your relative or friend if they are unable to make those decisions for themselves.
• It sets out when you should be consulted about decisions made on behalf of your relative or friend.
• It sets out how your relative or friend is protected when others are making decisions on their behalf.

If a person lacks mental capacity, you can only make decisions about their health and finances if you have power of attorney - see representing someone who needs care and support.