Making decisions for another person

Use this guide to help you find more information on making important decisions for another person.

The Mental Capacity Act

The Mental Capacity Act is a law which protects vulnerable people and determines whether they are able to make decisions for themselves.

Under the act, all of the following capabilities are necessary to be classified as having ‘mental capacity’.

Being able to:

  • understand information given to you
  • retain information for long enough to make decisions
  • judge information to make decisions
  • communicate decisions through any means.

If someone has dementia or a severe brain injury, then they may be classed as lacking mental capacity.

Find out more on the NHS website about the Mental Capacity Act.