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Who can be the decision maker?

Under the Mental Capacity Act 2005, many people may be required to make a decision on or act on the behalf of someone who lacks capacity.

Some examples include:

  • For day to day activities, the primary carer will be responsible for making ‘best interests’ decisions.
  • If the decision involves the provision of medical treatment, the doctor and other healthcare staff will be the responsible decision-maker.
  • If nursing or paid care is involved, then the nursing or paid carer will be the decision-maker.
  • If a lasting power of attorney has been registered or a deputy has been appointed, then the attorney or deputy will be the decision-maker within the scope of their authority.

There are also times when a joint decision might be required by a number of people. For example, when a care plan needs to be put together.

Last updated: 14/03/2022