Decisions are being made for me (or someone I love)
The law assumes you can make your own decisions. Even an unwise decision is not proof that you can't make it.
The interactive version is available in 6 languages and Easy Read.
Your rights
- To be presumed to have capacity unless it's shown you don't.
- To be given all practical help to make your own decision first.
- To make decisions other people think are unwise.
- If you lack capacity for a particular decision, anything done for you must be in your best interests and as unrestrictive as possible.
- To make an advance decision to refuse treatment, or a Lasting Power of Attorney, while you have capacity.
What to do next
- Capacity depends on the decision. Ask which decision was assessed, and when.
- Ask to see the written assessment and the best interests record.
- If there's no family to consult, ask whether an Independent Mental Capacity Advocate (IMCA) should be involved.
- If you disagree, ask for a second opinion. Serious disputes can go to the Court of Protection.
Say this
“Can you show me the capacity assessment for this specific decision, and how my wishes were taken into account?”
The law behind it (England)
- Mental Capacity Act 2005s.1 the five principles, s.4 best interests, s.24–26 advance decisions
- Human Rights Act 1998Article 8: private and family life
Elsewhere in the UK
- Scotland
- In Scotland, the Adults with Incapacity (Scotland) Act 2000 applies instead.
- Wales
- The Mental Capacity Act 2005 applies in Wales as well as England.
- Northern Ireland
- In Northern Ireland, the Mental Capacity Act (Northern Ireland) 2016 applies (being brought in stage by stage).
Easy Read
What you need to know
- The law says you can make your own choices.
- People must help you make a choice first.
- You can make a choice other people think is unwise.
- If you cannot make a choice, people must do what is best for you.
What you can do
- Ask to see the written check of whether you can decide.
- Ask for an advocate to help you.
Last reviewed: November 2026. This is general information, not legal advice. How we check our information.