Caring for an adult with incapacity

Overview People the Act can help Principles of the Act How the Act can help Power of attorney Guardianship order Office of the Public Guardian Mental Welfare Commission Local council Legal Aid Further information

How the Act can help

It protects adults, people aged 16 or over, who are unable to make some or all decisions for themselves. It allows a person (or more than one), a relative, friend, partner, or a professional, such as a solicitor or accountant or the local council to make decisions on someone’s behalf.

Those appointed to help are called attorneys or guardians.

They can help people:

• make welfare decisions
• and/or make decisions about property or financial matters

The act focuses on the individual needs of the adult in question. It restricts what an attorney or guardian can do. For example, a welfare attorney or guardian can’t agree to certain treatments for the person they’re acting for against their will.

The act can put measures in place for people:

• in case they lose capacity in the future
• or when an adult has already lost capacity