Sometimes a person may be unable to make certain decisions for themselves. This could be because of an illness, disability, injury, dementia, or another condition that affects their ability to understand information and make choices. When this happens, any decision made on their behalf must be in their best interests.
What does best interests mean?
Making a decision in someone's best interests means considering:
- their wishes, feelings, beliefs and values
- what is important to them
- the views of family members, friends, carers, or others who know them well
- whether the person may be able to make the decision themselves with the right support
The decision should be the least restrictive option and should help the person maintain as much independence as possible.
Who can make decisions?
Depending on the situation, decisions may be made by:
- the person themselves, with support
- family members or carers
- health and social care professionals
- a person with legal authority, such as a Lasting Power of Attorney or Court Appointed Deputy
The Mental Capacity Act
Everyone has the right to make their own decisions wherever possible. When someone is unable to do this, the Mental Capacity Act 2005 provides a framework to help professionals, families and carers make decisions that respect the person's rights, wishes and wellbeing.
Appointeeship
If a person is unable to manage their benefits, an appointee can be appointed by the Department for Work and Pensions (DWP) to act on their behalf.
An appointee is responsible for:
- claiming benefits for the person
- receiving and managing benefit payments
- making sure benefits are spent in the person's best interests
- reporting changes in circumstances to the DWP
A family member, friend, or organisation such as the local authority may be able to become an appointee, depending on the individual's circumstances.
Appointeeship only applies to benefits and does not give authority to make wider financial, health or welfare decisions.
When further support may be needed
For people who have more complex financial affairs, such as savings, property, or other assets, additional legal arrangements may be needed. This could include a Lasting Power of Attorney or an application to the Court of Protection for a Deputy to be appointed. More information about this can be found in our Power of Attorney, Deputyship and Appointeeship Guidance.