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There are only two legal ways to be authorised to make decisions for another person:
These roles are formal legal arrangements. You must be properly authorised by the Court of Protection or Office of the Public Guardian (OPG) to act.
An LPA allows a person to appoint someone they trust to make decisions on their behalf if they lose capacity. There are two types:
LPAs must be registered and can take up to 9 weeks to process. They come into effect when the person loses capacity or chooses to delegate decisions.
EPAs were replaced by LPAs in October 2007. However, EPAs signed before this date remain valid if correctly completed. EPAs only cover financial decisions, not health or welfare matters.
If no LPA is in place, the Court of Protection can appoint a deputy to manage a person’s financial affairs, welfare, or both. This continues until the person regains capacity or passes away.
All adults are assumed to have capacity unless it is proven otherwise. A diagnosis or disability alone does not mean someone lacks capacity.
People must be given all reasonable support to help them decide. This may include clearer communication or involving others in the process.
People have the right to make choices others may view as unwise. A poor decision does not mean a lack of capacity.
Decisions made for someone without capacity must be in their best interests, considering health, safety, and well-being.
Any decision should restrict the person’s rights and freedom as little as possible. Less restrictive options must always be considered.
Understanding and applying these principles is essential for protecting people’s rights and treating them with dignity and respect.
