Help to make decisions about your life

Each one of us has the right to be treated with dignity and respect but sometimes people do not have the ability or the skills to do so.

To report an adult at risk of abuse, call 0121 704 8007 or submit a form online.

About mental capacity 

Some people are unable to make decisions for themselves and need help doing so. This is known as lacking mental capacity.  

A person may lack mental capacity because of an illness, disability or treatment such as: 

  • dementia
  • severe learning disabilities
  • mental health issues
  • stroke
  • brain injuries
  • unconsciousness due to a coma, accident or having had general anaesthetic

Mental Capacity Act (2005)

When someone else makes decisions for another person, it raises the risk of them being abused.  

The Mental Capacity Act protects and supports people who are unable to make decisions for themselves. 

Health and social care professionals must always assume a person can make their own decisions unless it has been proven that they cannot. 

Advocacy

The Mental Capacity Act makes it a legal requirement for anyone assessed as lacking mental capacity to receive advocacy when they are unable to communicate their wishes. 

You may also choose someone to make decisions for you through a Lasting Power of Attorney (LPA).  

Power of attorney

A Lasting Power of Attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf. 

There are two types of LPA: 

  • health and welfare to help with decisions such as where you live, what you eat and your healthcare treatment
  • property and financial affairs to help with things like paying your bills, managing your bank accounts, buying or selling your property and handling your benefits   

You can find out how to make an LPA on the GOV.UK website. You can also receive advice by visiting one of our Community Advice Hubs. 

Deprivation of Liberty Safeguards (DoLS) 

If a person who has been assessed does not have the capacity to make their own decisions: 

  • a decision can be made by someone else on their behalf, taking their best interests into account
  • any treatment and care provided must be suitable and provided in the least restrictive way possible 

However, there are times when adults who are unable to make decisions about their treatment and support may need to be restricted or restrained to keep them safe. This is known as being deprived of your liberty. 

The Deprivation of Liberty Safeguards (DoLS) aims to protect people living in care homes and residential care, as well as those spending time in hospital. It ensures they are cared for in a way which limits their freedom as little as possible. 

Contact us

For further information and advice, please contact us by:

Further information

Easy-read resources

The Mind charity website has clear information about the Mental Capacity Act. 

You can also download the following documents: 

Professional guidance about DoLS for providers