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Concerns about someone who finds it difficult to make decisions

You may know someone who is having difficulty making decisions for themselves about:

• their finances or property
• their personal health and welfare

Some people make legal agreements called Enduring or Lasting Powers of Attorney so other people can make decisions for them. If someone you’re concerned about has not made an Enduring or Lasting Power of Attorney, the Court of Protection can make decisions for them. The Court of Protection can also appoint a deputy to make these decisions.

• Becoming a deputy and your responsibilities

• The Court of Protection and how it appoints deputies

• What is a Lasting Power of Attorney?

Helping someone make a decision

If someone is having difficulty making decisions, with help and support they may still be able to make the decision themselves.

When helping someone to make a decision, you should encourage and support them and consider:

• if they have all the information they need to make the decision
• if the information can be explained or presented in a way that is easier for them to understand
• if there is a particular time of the day when their understanding is better
• if they find it easier to make a decision in a particular place, for example their own home

If they make a decision that you do not agree with, it does not mean that they are unable to make decisions for themselves. They must always be given the choice to make their own decisions, whether you agree with them or not.

Everyone's circumstances are different and you will need to make an assessment of the person's capacity before making a decision on their behalf. See ‘understanding the Mental Capacity Act’ for additional guidance.

• How to decide if a person lacks mental capacity

• Understanding the Mental Capacity Act

Concerns about someone being abused

If you know a vulnerable person that you believe is at risk of abuse or is being abused, it is very important to let someone know.

Abuse can be:

• physical
• sexual
• psychological (such as threats, harassment or forcing someone to live somewhere they don't want to)
• financial (such as pressuring people to part with money, benefits or property)
• neglect (such as withholding medication or not getting regular food)

A person being abused may not be able to report the abuse they are experiencing. They may need your help to tell someone in a position of authority to investigate the alleged abuse and stop it from happening.

You may be worried that you are wrong or concerned about what may happen if you report it. But it's important that you tell someone what you think is happening.

If you think someone is being abused, you should act straight away. Don't assume someone else will do it.

Who to contact if you think someone is in immediate danger

If you think someone is in immediate danger and could be hurt you should ring 999 and tell the operator what is happening.

Who to contact if you think someone is in less immediate danger

If someone is at risk of abuse but is in less immediate danger you should contact the relevant agency. For different people and different concerns, there are different organisations you should contact.

Vulnerable adults, children or young people

You should contact either the adult or children services department of the local authority where the vulnerable person lives. You can find contact details for local authorities using the link below.

• Find your local council Opens new window

Criminal offences

If you have good reason to suspect someone has committed a crime against a vulnerable person you should contact the police.

You should also contact adult services or children services of the local council so they can support the victim.

• Find a police force, neighbourhood policing team or police authority

Care standards

You may be concerned about the standard of care in a care home, or about the care provided by a carer.

In these cases you should contact the adult or children services department of your local authority.

You can also contact the Care Quality Commission (in England) by calling 03000 616161. If you live in Wales you can contact the Care and Social Services Inspectorate by calling 01443 848450.

• Find your local council Opens new window

Healthcare or medical treatment

You may be concerned about the care or treatment given to the person by the NHS, such as in an NHS hospital or clinic. In these cases you should contact the managers of the service.

• Find your local health services on NHS Choices Opens new window

Concerns about an attorney or deputy

Attorneys and deputies are people responsible for making decisions for people who lack the mental capacity to do so for themselves. They are meant to act with the other person’s best interests in mind. They can be removed from their position if they are not doing so.

• Concerns about an attorney, deputy or a decision made for someone else