Lasting powers of attorney and deputies
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 1983
- Sections of the Mental Health Act for people with dementia
- The key roles in the Mental Health Act
- Safeguards and challenges to a detention under the Act
- How to support a person with dementia who has been detained under the Mental Health Act
- Guardianship
- You are here: Lasting powers of attorney and deputies
- Deprivation of Liberty Safeguards and the Mental Capacity Act 2005
The Mental Health Act 1983 and guardianship
Under the Mental Capacity Act 2005, attorneys under a Lasting power of attorney (LPA) have the power to make decisions about a person’s welfare, property and affairs, if the person doesn’t have the mental capacity to make these decisions for themselves.
Deputies have similar powers although usually only in relation to property and affairs.
The Mental Health Act does not affect these powers. If a person is detained under the Act, the attorney or deputy can still carry out their role.
However, they can’t:
- give consent for the person to have certain medical treatments for their mental health, where the Act says the person being detained must give their consent
- make decisions about where the person should live if they are detained under the Act or a guardian has been appointed for 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.
If the Mental Health Act is being used to detain a person, or a guardian has been appointed, the person can still create an LPA (if they have the mental capacity to do so) and a deputy can still be appointed.
It’s important that the hospital knows about any LPA or deputyship order that relates to the person as soon as possible. Take a copy in on the first visit.
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.