The Mental Health Act and Guardianship

6. Lasting powers of attorney, deputies and the Mental Health Act

The Mental Health Act does not affect the power that attorneys (people appointed through a lasting power of attorney (LPA)) or deputies (who may be appointed by the Court of Protection if no LPA has been made), have to make decisions about the person's welfare or property and affairs, if they lack capacity. 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.

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.