Mental capacity, power of attorney, deputies and wills

Find clear guidance and support to help you plan ahead, make decisions, and manage legal matters with confidence.

Advocacy

Advocacy is independent support to help someone state their wishes and opinions (or doing this on their behalf).

Lasting power of attorney (LPA)

A lasting power of attorney (LPA) is a legal document that lets you appoint one or more people to help you make decisions or to make decisions on your behalf.

This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions. There are 2 types of LPA. They are health and welfare and property and financial affairs. You can choose to make one type or both.

Deputies

You can apply to become someone’s deputy if they ‘lack mental capacity’. This means they cannot make a decision for themselves at the time it needs to be made. They may still be able to make decisions for themselves at certain times.

• property and financial affairs deputy – you’ll do things like pay the person’s bills or organise their pension.
• personal welfare deputy – you’ll make decisions about medical treatment and how someone is looked after.

Advanced decisions (living will)

A living will, also known as an advance decision, is legally binding and allows you to choose and explain which medical treatments you don't want in the future.

You can also include information on:

• your religious beliefs
• your dietary requirements
• whether you prefer baths or showers
• what kind of clothes you like to wear
• the type of music you like
• who you'd like to visit you

Making a will

Making a will is the only way to make sure your money, property, possessions and investments go to the people and causes you care about.

Last updated 01 June 2026