If you can't make your own decisions

A person may lack ‘capacity’ to make decisions on their own because of the way their brain works or how it has been affected by another factor.

This could be permanent, for instance, due to illness or disability, or it could be temporary, such as the effects of drugs or alcohol.

While the person may lack capacity to make particular decisions at particular times, it does not necessarily mean that they lack capacity to make any decisions at all.

In some cases, a professional may need to decide whether a person has capacity to make a particular decision or not. In cases where a person does lack capacity, the Council must establish whether a person has a deputy of the Court of Protection or a person with Lasting Power of Attorney acting on their behalf.