Free guide · England and Wales

When someone cannot make their own decisions

Understand support with decisions, best interests and where to ask for advocacy or legal help.

Sources checked 2 October 2026 · General information, with links to advice for your circumstances.

Read at your own pace

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Part 1 of 4

Capacity is about a particular decision

Start by assuming the person can decide. Having dementia, a disability or a mental health condition does not automatically remove that ability. Capacity is considered for the particular decision at the time it is needed. A person may manage some decisions and need help with others. Making a choice that someone else thinks unwise does not, by itself, show a lack of capacity.

Your next step: Name the actual decision, rather than saying the person “cannot decide anything”.

Make the decision easier to understand

Before concluding that someone cannot decide, give appropriate support: accessible information, enough time, communication aids and a suitable setting. Ask the relevant professional how understanding, retaining, weighing information and communicating a choice have been considered. If an important decision can wait until the person is better able to take part, ask whether it should. Keep their wishes central throughout.

Your next step: Ask what communication support would help and whether it has been tried.

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Part 3 of 4

Understand who has authority

Being a relative or named next of kin does not give general authority over another adult’s care or finances. Check whether an attorney or deputy has relevant powers and any limits on those powers. If the person cannot make the decision, it must be approached through the appropriate legal framework. Best interests include their wishes, values and involvement; they are not simply what is easiest for everyone else. Ask who is responsible for the decision and how it will be recorded.

Your next step: Bring existing legal documents to the professional dealing with the decision.

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Part 4 of 4

Ask for help if you disagree

Request an explanation of the decision and assessment, and ask about independent advocacy. Advocacy arrangements depend on the situation; an advocate helps the person’s voice be heard and is not automatically a substitute decision-maker. For a serious dispute, ask for a meeting and specialist legal advice about the available routes, which may include the Court of Protection. Record the specific concern and the outcome being sought, rather than assuming a family vote decides the matter.

Your next step: Ask: “How can the person challenge this, and what advocacy is available?”

Your next-steps checklist

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What specific decision is needed, and when?
What support has helped the person take part?
Who assessed capacity and what is the explanation?
Is there an attorney or deputy with relevant authority?
How have the person’s wishes been considered?
Do we need advocacy or specialist legal advice?

My next step: ____________________________________

Who will help, and when: ____________________________

Sources and further help

Based on the published guidance below. Last checked 2 October 2026. Applies to England and Wales. These organisations have not endorsed or approved this Pheon Academy guide.

For a decision about your own care, finances or legal documents, use these services to find appropriate individual advice. Official pages carry current fees, eligibility details and contact information.

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