Making decisions - when you can't

Making decisions about your health, welfare and finances - who decides when you can't?

People may have difficulties making some decisions either all or some of the time. They include:

  • older people (particularly those with dementia)
  • people with a learning disability
  • people with a mental illness
  • people with a brain injury or disease.

Do you have an illness, injury or disability that may cause you difficulties in making decisions?

Do you care for, work with, or know someone who has difficulties in making decisions?

The Mental Capacity Act is a law that can help you.

The Mental Capacity Act

The Act affects people in these situations. It also affects their families, carers, health and social care staff, and other people who may have contact with them. It covers all sorts of major decisions where a person may lack capacity, about things like financial, social care, medical treatment and research arrangements, as well as everyday decisions.

How the Act affects you?

If you are unable to make some decisions the Act explains you should have as much help as possible to make your own decisions.

The Act promotes fair treatment and protects your rights. You can find out more about the Mental Capacity Act from the leaflet Making decisions...about your health, welfare and finances (pdf format, 418 KB).

Independent Mental Capacity Advocate (IMCA)

The Independent Mental Capacity Advocate (IMCA) is a safeguard to represent you if you lack capacity to make certain important decisions and there is no one else who can be consulted.

To find out more about this service please visit the website of Getting Heard (formerly Oxfordshire Advocacy) who provide independent advocacy services across Oxfordshire

More information

You can get further information from the GOV.UK website.

Decisions about care needs

Advocacy may be available to you if you have eligible needs - needs for which you may be entitled to support from Oxfordshire County Council. 

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