Mental capacity: information for you

How can I be sure I can make my own decisions?

You can ask your doctor or other medical professional to assess your mental capacity.

Anyone assessing your mental capacity must check that you have mental capacity to make a decision at the time it needs to be made. You can make a decision if you can:

• understand the information you need - for example, what the consequences will be.
• remember the information for long enough to make the decision.
• weigh up the options and make a choice.
• communicate your decision in any way - for example, by blinking or squeezing a hand.

If you cannot make a decision at a certain time, you may still be able to make it at another time, or you may be able to make decisions about other things.

You can get more advice about this from the Government website.

Gov.UK: Checking mental capacity.

Talking about this can be a difficult conversation. Independent Age has advice on talking about mental capacity – when to talk, how to start a conversation, the responsibilities for a Power of Attorney or Deputy, and how to look at the options.

Independent Age: Talking about... who will make decisions.

 Getting help to make a decision.

There are ways you can get help to make a decision.

You can ask for more time to make your decision, or for information in a format that helps you to understand it, consider the options and make a decision. You may find it useful to have information in an easy read format, using pictures to help you understand the words.

You can write down what you think and what you have decided you want to happen. This can help if your condition changes (if you have good and bad times) so you and other people know what you want to happen at the times when you find it difficult to decide. This can be your day to day likes such as the food you like to eat and the types of activities you like to do.

You can also make a note of people who know you well, who can say what you usually like and what you would decide. They do not have the power decide for you but can give information about what you like because they know you well.

This can help if you have different people who support you at different times (like home care workers) or if you are going into hospital. Sheffield Teaching Hospitals have a booklet called All About Me that can help you to write down what you like and what is important to you, and how you communicate.

Sheffield Teaching Hospitals: All About Me (PDF, 94 KB).

There is also an Alzheimer’s Society leaflet that helps anyone with dementia or other communication difficulties easily share personal information with others.

Alzheimer’s Society: This is me (PDF, 522 KB).

There is also information below about planning for the future, where you can write down what you would like to happen with your finances and your end-of-life care and support.

You can have an advocate who can help you to understand information and your options, and help you to tell people what you think and what you have decided. There is also self-advocacy, where you get support to build your skills and confidence so you can speak up for yourself, understand your rights and make decisions about your life. Sometimes a group of people will join together as a self-advocacy group so they can support each other to make decisions.

The Sheffield Advocacy Hub website has information about the different support you can get including an Independent Mental Capacity Advocate.

Sheffield Advocacy Hub: Independent Mental Capacity Advocacy.

If you need help to manage your money, you can get help from a relative or friend, or help from an organisation that helps to pay your bills or claim benefits and talk to the Department for Work and Pensions (DWP). If you have no relatives or friends that can help with this the Council may support you if you have limited capital and only get benefits and state pension. You can get more information about these options on the directory.

Support with managing your money.

 Advanced care planning.

If you want to prepare for a time when you may not be able to make your own decisions, you can make an advanced care plan, sometimes called an advance statement. This tells people what you want to happen for your future care like where you would like to die, your spiritual beliefs and choice of ceremony. There’s more information about this on the directory.

Palliative and end of life care.

 Allowing other people to make your decisions.

If you think you will need help making decisions in the future, you can choose someone to help you. This is called a ‘power of attorney’. You give them this power in a legal document called a Lasting Power of Attorney. The person you choose can have legal power for your health and welfare, or your finances and property, or both. Doing this while you have mental capacity may be easier and cheaper, as the process to be allowed to make decisions for someone who lacks mental capacity (called being a Deputy) is more complex and costly.

The person you choose must be over 18 years of age and have mental capacity. The person cannot be your attorney for property and financial affairs if they have a Debt Relief Order (a way to write-off debts) or have declared bankruptcy.

You can choose one person or more than one person, and you can decide if they must agree each decision jointly or if one person can decide for some things alone. If later the people you choose disagree about a decision that must be made jointly they can meet together to decide what is in your best interests. If they still cannot agree one person may ask the Court of Protection to decide.

Sometimes this can be a difficult conversation. There are responsibilities for someone agreeing to be a Power of Attorney or a Deputy. It is a good idea to talk about this at the start. The Office of the Public Guardian has 5 top tips on starting a difficult conversation.

Office of the Public Guardian:
Top tips on starting difficult conversations about Legal Power of Attorneys.

The Government service in charge of this is called the Office of the Public Guardian. It helps people who need an attorney, and helps attorneys as well. It keeps a record of attorneys and deputies, and investigates any complaints about them. 

To set up a Power of Attorney takes time (about 20 weeks in January 2024) to fill in the forms and register with the Office of the Public Guardian. There is also a cost. Most people pay but there is advice on the Government website on exemptions if you receive certain benefits, and discounts if you receive Universal Credit or have a low income.

Gov.UK: Power of Attorney.

They also have many guides and advice to support you.

Office of the Public Guardian:
Getting started – property and financial affairs, health and welfare.
How to be an attorney – property and finances, health and welfare.

If you can still make your own decisions but need someone to make decisions for you for a short time (for example because of illness or during a holiday) you can use an Ordinary Power of Attorney. This can also be used when you want someone to make decisions for you while you can supervise their actions. You must be able to make your decisions to use an Ordinary Power of Attorney, so if you want to plan for when you can no longer make decisions use a Lasting Power of Attorney.

There is a standard form of words you should use for the Ordinary Power of Attorney. There are websites that can create this by asking you a few questions, some for free and others that charge. You can also buy a pack with advice and a form to complete. Available from stationery shops like WH Smith, Rymans or from online shops like Amazon.

You can get more advice on the Ordinary Power of Attorney from a solicitor, from Citizens Advice or from the Government.

The Law Society: Power of attorney.

Citizens Advice: Ordinary Power of Attorney.

Gov.UK: Make decisions for someone.

If you have no family or friends to help you

If you have no family or friends that can help you can pay an organisation to help you.

If you want them to make decisions for you now or later (for example if you become ill or have an accident), they must have your Power of Attorney. There are companies on the directory that provide Appointee and Deputy services.

Appointee and Deputy services.

The Council can act as your Appointee or Deputy if:

• you can’t make decisions and can’t manage your finances, and
• you have limited capital and only get benefits and state pension, and
• you have no relatives or friends to help you to manage your finances.

On rare occasions the Council can act as the Appointee for someone who can make decisions, but is not able to manage their finances (for example because of illness or a physical disability).

This support would be part of your Care and Support Plan. As part of creating your plan with you the Council will help you to work out what you can afford to pay towards the cost of your care and support. There is more information about this on the Council website.

Sheffield City Council: Cost of care and support.

If you need a Deputy you will pay the costs for this. The Court of Protection charges for each application, and a charge for each year. Some people who receive benefits don’t pay. People on a low income can apply for a lower charge.

If you have an Appointee or Deputy as part of your care and support plan, you can choose the Council’s Money Management Service or you can buy support from a company that provides this service.

Sheffield City Council Money Management Service.

Appointee and Deputy services.

If you have a lot of capital or income you may need a specialist service to act as your Deputy (such as a solicitor), or a Panel Deputy. There is one company in Sheffield that provides this service.

• Wrigleys Trustees Limited.
  Derwent House, 150 Arundel Gate, Sheffield S1 2FN.
  Call 0114 267 5588.
  Email. ian.potter@wrigleys.co.uk.

Get details of all the Panel Deputy services in England and Wales from the Government website.

Gov.UK: Panel deputies: list of court-approved professionals.

 Specialist advice and support.

The government has created information and advice about mental capacity and the processes involved, including the legislation and guidance on how the Act works in practice.

Legislation: The Mental Capacity Act 2005.

Gov.UK: Mental Capacity Act 2005 Code of Practice (PDF, 1.35 MB).

The Court of Protection is responsible for how the Mental Capacity Act operates. It deals with the financial and serious healthcare matters of people who lack mental capacity. This includes resolving disputes about what should happen to someone who lacks mental capacity such as their finances or their welfare.

Gov.UK: Court of Protection.

The Court of Protection Handbook website has guides and resources to help people understand how the Court works.

Court of Protection Handbook: Resources. A basic guide to the Court of Protection (PDF, 200 KB). Taking part in the Court of Protection easy read (PDF, 625 KB). What do all the legal words mean? (PDF, 158 KB).

The Court is supported by the Office of the Public Guardian. They help people plan for someone to make decisions for them, should they become unable to do so because they do not have mental capacity. They also help people to make decisions for those that do not have the ability to decide for themselves.

Office of the Public Guardian: About us.

The NHS has detailed information about mental capacity and helping someone to make decisions.

NHS Social care and support guide: mental capacity.

NHS: People making decisions for you easy read factsheet (PDF, 2.7 MB).

The Money Helper website from the Money and Pensions Service provides free information and an advice service for people to better manage their money. This includes advice on the formal help available, and advice if the person you want to help has lost mental capacity.

Money Helper:
If the person you want to help has lost mental capacity.
When someone needs formal help managing their money.

Citizens Advice offers confidential advice online, over the phone, and in person, for free. Their debt and money advice includes managing someone’s affairs and

Citizens Advice: Managing affairs for someone else.

Citizens Advice Sheffield is part of the Advocacy Hub. The Hub provides advocacy support including the Independent Mental Capacity Advocate service.

Citizens Advice Sheffield: Independent Mental Capacity Advocacy.

The Law Society is the independent professional body for solicitors in England and Wales. They have a database of legal professionals to help you find a solicitor, and advice on Power of Attorney. They also have page that explains common legal issues, advice on using a solicitor, and a page for legal words and names (called a glossary).

The Law Society: Power of Attorney. Your guide to Financial matters for older people (PDF, 407 KB). Find a solicitor. Common legal issues. Using a solicitor. Legal glossary.