Help from an advocate
An advocate can help you understand your options and speak up for what you want. Advocates don’t make decisions for you, but they can help make sure your voice is heard.
If you or someone you know needs an advocate, telephone 0800 035 0396 or Email info@sheffieldadvocacyhub.org.uk
What if someone can’t decide for themselves?
When someone can’t make a specific decision, they’re said to lack mental capacity. This could be due to a learning disability, dementia, brain injury, or a short-term issue like confusion, unconsciousness or the effects of medication.
A person may be able to make some decisions, but not others.
If it’s suspected that someone lacks capacity, a decision-making assessment is needed, which is often carried out by a social care worker. A person is considered to lack capacity if they can’t:
- understand the information they need to make a decision
- retain that information long enough to decide
- use or weigh up the information
- communicate their decision (in any form)
Your rights under the Mental Capacity Act
The Mental Capacity Act 2005 protects people who may lack the ability to make certain decisions. It ensures they are involved as much as possible and treated with dignity. You have the right to:
- be supported to make your own decisions wherever possible
- be treated as able to decide unless proven otherwise
- make decisions that others may see as unwise
- be assessed fairly, not based on age, condition or behaviour
- have decisions made in your best interests if you can't decide yourself
More information on Mental capacity
Planning ahead
If you're able to make decisions now, there are ways to plan for a time when you might not be. These are:
- lasting power of attorney – lets you give someone you trust the legal authority to make decisions for you
- advance decision – lets you refuse certain medical treatments in advance (legally binding)
- advance statement – lets you set out your preferences and wishes (not legally binding, but should be considered)
It’s a good idea to get advice from a solicitor or specialist adviser to help you understand your options.
Deprivation of liberty
In some situations, people who lack capacity need continual supervision to keep them safe and well. It may not be safe for them to be free to leave a care setting without support. This is called a deprivation of liberty.
There are strict rules to make sure this only happens when it’s necessary and in the person’s best interests. Care homes and hospitals must get legal authorisation for this through the Deprivation of Liberty Safeguards. In other settings, such as supported living, an order from the Court of Protection is needed.
More information on deprivation of liberty