Adults with incapacity reform: easy-read version of consultation

6. Capacity Assessments

Law and health professionals have to decide if an adult can make decisions. This is called capacity assessment.

When an adult is setting up a power of attorney, it needs to be approved by a solicitor, advocate or doctor. They need to speak to the person granting power of attorney and make sure they understand the agreement and what it means.

Another way for an adult to have another person who is allowed to make decisions for them is a guardianship order. For this to happen, 2 doctors have to examine the adult and decide they are unable to make decisions for themselves.

Medical treatment for incapacitated adults can be authorised by the main doctor in charge of the adult's care, or a dentist, optician or nurse.

We would like your views on any other professionals who should be able to do capacity assessments.

Questions:

Should we change the rules so that more professionals can do assessments for guardianship orders?

Yes
No

If you said yes, which professionals should these be? Please tell us about this in the box below: