Your attorney must understand and follow certain principles, which are set out in the Mental Capacity Act 2005 and its code of practice.
Your attorney should:
Assume you have mental capacity unless shown otherwise. Your attorney must only make decisions on your behalf if it can be shown you don't have mental capacity.
Help you make a decision. You must be given as much practical help as possible to make your own decision before anyone decides you’re unable to. For example, if you’re better able to understand things at a particular time of day, you should be helped to make a decision then. Or if you're better able to understand or communicate using pictures or sign language, then this should be supported.
Avoid making assumptions based on 'unwise decisions'. You shouldn’t be treated as unable to make a decision just because you make a decision that others might consider unwise or eccentric.
Make the least restrictive decision. Anyone making a decision for you should consider all the options and choose the one that's the least restrictive of your rights and freedoms.
Act in your best interests. Your attorney must consider a range of factors and reach a balanced conclusion about what decision is the right one for you. For more information about what your 'best interests' are, see the FAQ section at the bottom of the page.