Lasting powers of attorney, deputies and the Mental Health Act
The Mental Health Act does not affect the power that attorneys or deputies have to make decisions about the person with dementia's welfare or property and affairs.
- The Mental Health Act and Guardianship
- Which sections of the Mental Health Act are relevant to dementia?
- Challenging a detention under the Mental Health Act
- You are here: Lasting powers of attorney, deputies and the Mental Health Act
- The Mental Health Act and Guardianship - other resources
The Mental Health Act 1983 and guardianship
Even if someone is detained under the Mental Health Act, the attorney or deputy can still carry out their role. However, they cannot:
- give consent for the person to have certain mental health medical treatments, as identified in the Mental Health Act
- make decisions about where a person should live if that person has a guardian appointed to them.
Find out more about Lasting power of attorney (LPA)
Many people with dementia will eventually reach a point where they are no longer able to make decisions for themselves. When this happens a carer or family member may need to make decisions on their behalf.
A person can still create a lasting power of attorney and a deputy can still be appointed when the Mental Health Act is being used to detain them, or a guardian has been allocated.
Find out about becoming a deputy for a person with dementia
If a person with dementia has not set up a Lasting Power of Attorney or Enduring Power of Attorney, a carer can apply to the Court of Protection to become their deputy.