Planning a time when you can no longer make decisions for yourself

The Mental Capacity Act sets out a range of ways by which people can plan for a time when they are no longer able to make decisions for themselves.

A Lasting Power of Attorney (LPA) is a legal document that, in the event that a person later becomes unable to make certain decisions, lets a trusted person make these decisions on their behalf. These replace Enduring Powers of Attorney (EPA), although EPA's that have already been set up can still be registered.

There are two different types of Lasting Power of Attorney (LPA):

• Health and welfare - which allows a person to choose one or more people to make decisions about things such as medical treatment on their behalf.
• Property and financial affairs - which allows a person to choose one or more people to make property and financial affairs decisions on their behalf.

The Mental Capacity Act also provides for Advanced Decisions (also known as Advanced Directives) to Refuse Treatment. This enables someone to plan ahead and refuse specified medical treatment in the future, for a time when they lack the mental capacity to consent or refuse that treatment. Where these are valid and applicable, they have the same effect as a decision that is made by a person with capacity.