My friend Alice had a car accident last year and developed severe head injuries. She can't remember some things and would like to nominate a deputy to make decisions on her behalf. What some of human and civil rights the deputy can’t make decision on?

Your decisions must restrict the person’s human and civil rights as little as possible. Citizens Advice has information about human and civil rights.

Make decisions on behalf of someone

When you can make decisions for someone

Someone can choose you to make and carry out certain decisions on their behalf.

They can ask you to do this:

now - for example, while they’re on holiday

in the future - for example, if they lose the mental capacity to make their own decisions

You can also apply to a court to help someone make decisions if they do not have mental capacity now.

This guide is also available in Welsh (Cymraeg).

When someone can choose you

A person must have mental capacity when they choose you for short-term or long-term help with decisions.

Short-term help

You can be appointed to make decisions about someone’s money or property for a limited time - for example, while they’re on holiday.

They can appoint you with either:

a lasting power of attorney for ‘property and financial affairs’ - they’ll say when it starts and ends

an ‘ordinary power of attorney’ - you can only use this while they have mental capacity

To make an ordinary power of attorney, the person who appoints you needs to buy a document from a newsagent or use a solicitor.

Long-term help

You can be appointed with a lasting power of attorney to help someone make ongoing decisions about either or both:

money and property - starting at any time, or when they do not have mental capacity

health and welfare - starting when they do not have mental capacity

You can also help someone with ongoing decisions using an enduring power of attorney made before 1 October 2007.

When you apply to a court

Apply to a court to help someone without mental capacity with one-off or long-term decisions.

Check if someone already has an attorney or deputy to help them with decisions before you apply.  If they do have an attorney or deputy, ask them for help instead.

One-off decisions

Ask the Court of Protection to make:

a one-off decision about an issue that’s not urgent

an urgent or emergency decision about something that puts them at risk

If the decision is about medical treatment, you must consider any living will (advance decision) that the person has made.

Long-term help

Apply to the Court of Protection to help someone long-term with decisions about either or both:

money and property - as a ‘property and financial affairs deputy’

health and welfare - as a ‘personal welfare deputy’

How to make decisions

As someone’s attorney or deputy you must:

give them all the help they need to make each decision before deciding they do not have mental capacity to make that decision themselves

make any decisions in their best interests

make decisions that restrict their human and civil rights as little as you can

Helping someone make decisions

Give the person all the information they need to make a decision.

Make it easy for them to understand and weigh up the information, for example by:

allowing plenty of time

choosing a time that suits them best

talking in familiar surroundings - for example, their home

removing distractions such as background noise

explaining things a different way - in pictures or sign language, for example

Suggest different ways for them to tell you their decision if they cannot tell you in words - for example, by pointing, squeezing your hand, blinking or nodding.

Making decisions in someone’s best interests

Any decisions you make for someone must be right for them (‘in their best interests’). Take into account:

what they would have decided if they could

their past and present values and wishes, including moral, political and religious views

Do not make assumptions based on their age, gender, ethnic background, sexuality, behaviour or health.

It can help to:

write down what the person has told you is important to them

look at other things they wrote down or recorded (such as household budgets or home videos)

speak to friends, family or colleagues who know them well

consult anyone involved in their care, for example personal carers or care home staff

notice their behaviour and reactions - this can tell you about wishes and feelings that a person cannot express in words

Human and civil rights

You can never make decisions on someone’s behalf about certain things, such as:

voting

relationships - for example consenting to sex, getting married or getting divorced

Follow the Mental Capacity Act code of practice when you make decisions.

Difficult decisions and disagreements

Consult the person as well as their family, friends and carers. Including everyone in a ‘best interests’ meeting can help you reach agreement.

If you cannot agree you can:

get advice about how to reach agreement from the Office of the Public Guardian

get help from an advocate who can represent the person’s best interests

find a mediation service

get help from the social services team at your local council if it’s a disagreement about the person’s care

ask the Court of Protection to decide if it’s a major disagreement about a serious issue

Checking mental capacity

A person may not have mental capacity because of a problem with the way their brain functions, for example:

a serious brain injury

an illness, such as dementia

severe learning disabilities

Mental capacity can come and go (for example, with dementia and some mental illnesses). A person can also recover mental capacity (for example, following a severe stroke).

What you must check

You must check that a person has mental capacity to make a decision at the time it needs to be made.

They can make the decision if they can:

understand the information they need - for example, what the consequences will be

remember the information for long enough to make the decision

weigh up the options and make a choice

communicate their decision in any way - for example, by blinking or squeezing a hand

You cannot decide a person lacks mental capacity because you think they’ve made a bad or strange decision.

If the person cannot make a decision at a certain time, they may still be able to:

make it at another time

make decisions about other things

Do not make a decision for them if it can wait until they can do it themselves.

Get help checking mental capacity

You can ask the person’s doctor or another medical professional to assess their mental capacity.

Follow the Mental Capacity Act code of practice when you check mental capacity.

You can never make decisions on someone’s behalf about certain things, such as:

Make decisions on behalf of someone

When you can make decisions for someone

Someone can choose you to make and carry out certain decisions on their behalf.

They can ask you to do this:

now - for example, while they’re on holiday

in the future - for example, if they lose the mental capacity to make their own decisions

You can also apply to a court to help someone make decisions if they do not have mental capacity now.

This guide is also available in Welsh (Cymraeg).

When someone can choose you

A person must have mental capacity when they choose you for short-term or long-term help with decisions.

Short-term help

They can appoint you with either:

a lasting power of attorney for ‘property and financial affairs’ - they’ll say when it starts and ends

an ‘ordinary power of attorney’ - you can only use this while they have mental capacity

Long-term help

money and property - starting at any time, or when they do not have mental capacity

health and welfare - starting when they do not have mental capacity

When you apply to a court

Apply to a court to help someone without mental capacity with one-off or long-term decisions.

One-off decisions

Ask the Court of Protection to make:

a one-off decision about an issue that’s not urgent

an urgent or emergency decision about something that puts them at risk

Long-term help

Apply to the Court of Protection to help someone long-term with decisions about either or both:

money and property - as a ‘property and financial affairs deputy’

health and welfare - as a ‘personal welfare deputy’

How to make decisions

As someone’s attorney or deputy you must:

make any decisions in their best interests

make decisions that restrict their human and civil rights as little as you can

Helping someone make decisions

Give the person all the information they need to make a decision.

Make it easy for them to understand and weigh up the information, for example by:

allowing plenty of time

choosing a time that suits them best

talking in familiar surroundings - for example, their home

removing distractions such as background noise

explaining things a different way - in pictures or sign language, for example

Making decisions in someone’s best interests

what they would have decided if they could

their past and present values and wishes, including moral, political and religious views

Do not make assumptions based on their age, gender, ethnic background, sexuality, behaviour or health.

It can help to:

write down what the person has told you is important to them

look at other things they wrote down or recorded (such as household budgets or home videos)

speak to friends, family or colleagues who know them well

consult anyone involved in their care, for example personal carers or care home staff

Human and civil rights

You can never make decisions on someone’s behalf about certain things, such as:

voting

relationships - for example consenting to sex, getting married or getting divorced

Follow the Mental Capacity Act code of practice when you make decisions.

Difficult decisions and disagreements

If you cannot agree you can:

get advice about how to reach agreement from the Office of the Public Guardian

get help from an advocate who can represent the person’s best interests

find a mediation service

ask the Court of Protection to decide if it’s a major disagreement about a serious issue

Checking mental capacity

a serious brain injury

an illness, such as dementia

severe learning disabilities

What you must check

You must check that a person has mental capacity to make a decision at the time it needs to be made.

They can make the decision if they can:

understand the information they need - for example, what the consequences will be

remember the information for long enough to make the decision

weigh up the options and make a choice

communicate their decision in any way - for example, by blinking or squeezing a hand

If the person cannot make a decision at a certain time, they may still be able to:

make it at another time

make decisions about other things

Do not make a decision for them if it can wait until they can do it themselves.

Get help checking mental capacity

You can ask the person’s doctor or another medical professional to assess their mental capacity.

Follow the Mental Capacity Act code of practice when you check mental capacity.

voting

Make decisions on behalf of someone

When you can make decisions for someone

Someone can choose you to make and carry out certain decisions on their behalf.

They can ask you to do this:

now - for example, while they’re on holiday

in the future - for example, if they lose the mental capacity to make their own decisions

You can also apply to a court to help someone make decisions if they do not have mental capacity now.

This guide is also available in Welsh (Cymraeg).

When someone can choose you

A person must have mental capacity when they choose you for short-term or long-term help with decisions.

Short-term help

They can appoint you with either:

a lasting power of attorney for ‘property and financial affairs’ - they’ll say when it starts and ends

an ‘ordinary power of attorney’ - you can only use this while they have mental capacity

Long-term help

money and property - starting at any time, or when they do not have mental capacity

health and welfare - starting when they do not have mental capacity

When you apply to a court

Apply to a court to help someone without mental capacity with one-off or long-term decisions.

One-off decisions

Ask the Court of Protection to make:

a one-off decision about an issue that’s not urgent

an urgent or emergency decision about something that puts them at risk

Long-term help

Apply to the Court of Protection to help someone long-term with decisions about either or both:

money and property - as a ‘property and financial affairs deputy’

health and welfare - as a ‘personal welfare deputy’

How to make decisions

As someone’s attorney or deputy you must:

make any decisions in their best interests

make decisions that restrict their human and civil rights as little as you can

Helping someone make decisions

Give the person all the information they need to make a decision.

Make it easy for them to understand and weigh up the information, for example by:

allowing plenty of time

choosing a time that suits them best

talking in familiar surroundings - for example, their home

removing distractions such as background noise

explaining things a different way - in pictures or sign language, for example

Making decisions in someone’s best interests

what they would have decided if they could

their past and present values and wishes, including moral, political and religious views

Do not make assumptions based on their age, gender, ethnic background, sexuality, behaviour or health.

It can help to:

write down what the person has told you is important to them

look at other things they wrote down or recorded (such as household budgets or home videos)

speak to friends, family or colleagues who know them well

consult anyone involved in their care, for example personal carers or care home staff

Human and civil rights

You can never make decisions on someone’s behalf about certain things, such as:

voting

relationships - for example consenting to sex, getting married or getting divorced

Follow the Mental Capacity Act code of practice when you make decisions.

Difficult decisions and disagreements

If you cannot agree you can:

get advice about how to reach agreement from the Office of the Public Guardian

get help from an advocate who can represent the person’s best interests

find a mediation service

ask the Court of Protection to decide if it’s a major disagreement about a serious issue

Checking mental capacity

a serious brain injury

an illness, such as dementia

severe learning disabilities

What you must check

You must check that a person has mental capacity to make a decision at the time it needs to be made.

They can make the decision if they can:

understand the information they need - for example, what the consequences will be

remember the information for long enough to make the decision

weigh up the options and make a choice

communicate their decision in any way - for example, by blinking or squeezing a hand

If the person cannot make a decision at a certain time, they may still be able to:

make it at another time

make decisions about other things

Do not make a decision for them if it can wait until they can do it themselves.

Get help checking mental capacity

You can ask the person’s doctor or another medical professional to assess their mental capacity.

Follow the Mental Capacity Act code of practice when you check mental capacity.

relationships - for example consenting to sex, getting married or getting divorced

Make decisions on behalf of someone

When you can make decisions for someone

Someone can choose you to make and carry out certain decisions on their behalf.

They can ask you to do this:

now - for example, while they’re on holiday

in the future - for example, if they lose the mental capacity to make their own decisions

You can also apply to a court to help someone make decisions if they do not have mental capacity now.

This guide is also available in Welsh (Cymraeg).

When someone can choose you

A person must have mental capacity when they choose you for short-term or long-term help with decisions.

Short-term help

They can appoint you with either:

a lasting power of attorney for ‘property and financial affairs’ - they’ll say when it starts and ends

an ‘ordinary power of attorney’ - you can only use this while they have mental capacity

Long-term help

money and property - starting at any time, or when they do not have mental capacity

health and welfare - starting when they do not have mental capacity

When you apply to a court

Apply to a court to help someone without mental capacity with one-off or long-term decisions.

One-off decisions

Ask the Court of Protection to make:

a one-off decision about an issue that’s not urgent

an urgent or emergency decision about something that puts them at risk

Long-term help

Apply to the Court of Protection to help someone long-term with decisions about either or both:

money and property - as a ‘property and financial affairs deputy’

health and welfare - as a ‘personal welfare deputy’

How to make decisions

As someone’s attorney or deputy you must:

make any decisions in their best interests

make decisions that restrict their human and civil rights as little as you can

Helping someone make decisions

Give the person all the information they need to make a decision.

Make it easy for them to understand and weigh up the information, for example by:

allowing plenty of time

choosing a time that suits them best

talking in familiar surroundings - for example, their home

removing distractions such as background noise

explaining things a different way - in pictures or sign language, for example

Making decisions in someone’s best interests

Any decisions you make for someone must be right for them (‘in their best interests’). Take into account:

what they would have decided if they could

their past and present values and wishes, including moral, political and religious views

Do not make assumptions based on their age, gender, ethnic background, sexuality, behaviour or health.

It can help to:

write down what the person has told you is important to them

look at other things they wrote down or recorded (such as household budgets or home videos)

speak to friends, family or colleagues who know them well

consult anyone involved in their care, for example personal carers or care home staff

Human and civil rights

You can never make decisions on someone’s behalf about certain things, such as:

voting

relationships - for example consenting to sex, getting married or getting divorced

Follow the Mental Capacity Act code of practice when you make decisions.

Difficult decisions and disagreements

If you cannot agree you can:

get advice about how to reach agreement from the Office of the Public Guardian

get help from an advocate who can represent the person’s best interests

find a mediation service

ask the Court of Protection to decide if it’s a major disagreement about a serious issue

Checking mental capacity

a serious brain injury

an illness, such as dementia

severe learning disabilities

What you must check

You must check that a person has mental capacity to make a decision at the time it needs to be made.

They can make the decision if they can:

understand the information they need - for example, what the consequences will be

remember the information for long enough to make the decision

weigh up the options and make a choice

communicate their decision in any way - for example, by blinking or squeezing a hand

If the person cannot make a decision at a certain time, they may still be able to:

make it at another time

make decisions about other things

Do not make a decision for them if it can wait until they can do it themselves.

Get help checking mental capacity

You can ask the person’s doctor or another medical professional to assess their mental capacity.

Follow the Mental Capacity Act code of practice when you check mental capacity.


Mary has made an agreement with her neighbour to repair a garden wall. They both consented.  During the repairs , the neighbour has damaged Mary's gate and the garden shed. Should mary ask the neigbour to pay or repair the damages ?

When carrying out building works you must:

Party walls and building work

Overview

You must tell your neighbours if you want to carry out any building work near or on your shared property boundary, or ‘party wall’, in England and Wales.

Party walls stand on the land of 2 or more owners and either:

form part of a building

don’t form part of a building, such as a garden wall (not wooden fences)

Walls on one owner’s land used by other owners (2 or more) to separate their buildings are also party walls.

Party structures

You can also have a ‘party structure’. This could be a floor or other structure that separates buildings or parts of buildings with different owners, eg flats.

Party wall agreements are different from planning permission or building regulations approval.

There are different rules in Scotland and Northern Ireland.

Work you must tell your neighbour about

You must tell your neighbour if you want to:

build on or at the boundary of your 2 properties

work on an existing party wall or party structure

dig below and near to the foundation level of their property

Examples of this type of work include:

building a new wall

cutting into a party wall

making a party wall taller, shorter or deeper

removing chimneys from a party wall

knocking down and rebuilding a party wall

Find more details of work you need to tell your neighbour about in the party wall explanatory booklet.

Your neighbours can’t stop you from making changes to your property that are within the law, but they can affect how and when your works are carried out.

What you don’t need to tell them about

You don’t need to tell your neighbour about minor changes, eg plastering, adding or replacing electrical wiring or sockets, or drilling to put up shelves or cabinets.

When and how to tell them

You must give notice to your neighbour between 2 months and a year before you plan to start building works. Include what you plan on doing.

You can speak to your neighbour to explain the work you want to carry out, before giving notice in writing.

Find letter templates and more information on giving notice in the party wall explanatory booklet.

Any agreement you reach should be in writing.

Reaching an agreement with your neighbours

Once you’ve given notice your neighbour can:

give consent in writing

refuse consent, which will start the dispute resolution process

serve a counter notice requesting additional works be done at the same time (they’ll have to pay for these if they benefit from the works)

Your neighbour must let you know in writing within 14 days if they consent to your notice, and you must do the same with any counter notice. A counter notice must be served within a month of the first notice.

Find examples of counter notice letters in the party wall booklet.

Your neighbours need to respond to the notice. You can’t assume that no response means they agree to the works.

The dispute resolution process will also start if they don’t respond to your notice within the given time.

Who pays for the work

You need to pay for any building works that you start on a party wall.

Your neighbour may have to meet a share of the cost if the work needs to be done because of defects or lack of repair. They will also need to pay if they ask for additional works to be done that will benefit them.

An appointed surveyor will set out who pays what if you can’t agree.

If you can't agree

You must appoint a surveyor if you and your neighbour can’t agree. You can appoint a surveyor together or each appoint your own. The surveyors will then agree on a ‘party wall award’.

This is a legal document which says:

what work should happen

how and when it will be carried out

who will pay for which part and how much will be paid (including surveyor’s fees)

You can’t act as your own surveyor.

If your neighbour doesn’t appoint a surveyor

You can appoint a surveyor on behalf of your neighbour if they refuse or fail to do so themselves.

If you don’t agree with the award

You can appeal against an award at a county court within 14 days of receiving it. You need to file an appellant’s notice in a county court, explaining why you’re appealing.

When works begin

When carrying out building works you must:

avoid causing unnecessary inconvenience

protect your neighbour’s property from damage caused by the works, and fix or pay for any damage that is caused

Access to your neighbour’s property

Your neighbour must allow surveyors and workmen access to their property during usual working hours to carry out the building works. They must be given 14 days’ notice except in an emergency.

Party walls and building work

Overview

form part of a building

Party structures

Work you must tell your neighbour about

You must tell your neighbour if you want to:

Examples of this type of work include:

building a new wall

cutting into a party wall

making a party wall taller, shorter or deeper

removing chimneys from a party wall

knocking down and rebuilding a party wall

What you don’t need to tell them about

When and how to tell them

Any agreement you reach should be in writing.

Reaching an agreement with your neighbours

Once you’ve given notice your neighbour can:

give consent in writing

Who pays for the work

If you can't agree

This is a legal document which says:

what work should happen

how and when it will be carried out

You can’t act as your own surveyor.

If your neighbour doesn’t appoint a surveyor

If you don’t agree with the award

When works begin

When carrying out building works you must:

avoid causing unnecessary inconvenience

Access to your neighbour’s property


My partner and I live in a semi detached house and both ourselves and our neighbours are home owners. I want to do some plastering work on an inside wall. This will not physically affect our neighbours but will be rather noisy Are we obliged to inform our neighbours about the pending work and can they stop it?

Your neighbours can’t stop you from making changes to your property that are within the law, but they can affect how and when your works are carried out.

Party walls and building work

Overview

You must tell your neighbours if you want to carry out any building work near or on your shared property boundary, or ‘party wall’, in England and Wales.

Party walls stand on the land of 2 or more owners and either:

form part of a building

don’t form part of a building, such as a garden wall (not wooden fences)

Walls on one owner’s land used by other owners (2 or more) to separate their buildings are also party walls.

Party structures

You can also have a ‘party structure’. This could be a floor or other structure that separates buildings or parts of buildings with different owners, eg flats.

Party wall agreements are different from planning permission or building regulations approval.

There are different rules in Scotland and Northern Ireland.

Work you must tell your neighbour about

You must tell your neighbour if you want to:

build on or at the boundary of your 2 properties

work on an existing party wall or party structure

dig below and near to the foundation level of their property

Examples of this type of work include:

building a new wall

cutting into a party wall

making a party wall taller, shorter or deeper

removing chimneys from a party wall

knocking down and rebuilding a party wall

Find more details of work you need to tell your neighbour about in the party wall explanatory booklet.

What you don’t need to tell them about

You don’t need to tell your neighbour about minor changes, eg plastering, adding or replacing electrical wiring or sockets, or drilling to put up shelves or cabinets.

When and how to tell them

You must give notice to your neighbour between 2 months and a year before you plan to start building works. Include what you plan on doing.

You can speak to your neighbour to explain the work you want to carry out, before giving notice in writing.

Find letter templates and more information on giving notice in the party wall explanatory booklet.

Any agreement you reach should be in writing.

Reaching an agreement with your neighbours

Once you’ve given notice your neighbour can:

give consent in writing

refuse consent, which will start the dispute resolution process

serve a counter notice requesting additional works be done at the same time (they’ll have to pay for these if they benefit from the works)

Your neighbour must let you know in writing within 14 days if they consent to your notice, and you must do the same with any counter notice. A counter notice must be served within a month of the first notice.

Find examples of counter notice letters in the party wall booklet.

Your neighbours need to respond to the notice. You can’t assume that no response means they agree to the works.

The dispute resolution process will also start if they don’t respond to your notice within the given time.

Who pays for the work

You need to pay for any building works that you start on a party wall.

Your neighbour may have to meet a share of the cost if the work needs to be done because of defects or lack of repair. They will also need to pay if they ask for additional works to be done that will benefit them.

An appointed surveyor will set out who pays what if you can’t agree.

If you can't agree

You must appoint a surveyor if you and your neighbour can’t agree. You can appoint a surveyor together or each appoint your own. The surveyors will then agree on a ‘party wall award’.

This is a legal document which says:

what work should happen

how and when it will be carried out

who will pay for which part and how much will be paid (including surveyor’s fees)

You can’t act as your own surveyor.

If your neighbour doesn’t appoint a surveyor

You can appoint a surveyor on behalf of your neighbour if they refuse or fail to do so themselves.

If you don’t agree with the award

You can appeal against an award at a county court within 14 days of receiving it. You need to file an appellant’s notice in a county court, explaining why you’re appealing.

When works begin

When carrying out building works you must:

avoid causing unnecessary inconvenience

protect your neighbour’s property from damage caused by the works, and fix or pay for any damage that is caused

Access to your neighbour’s property

Your neighbour must allow surveyors and workmen access to their property during usual working hours to carry out the building works. They must be given 14 days’ notice except in an emergency.

Party walls and building work

Overview

form part of a building

Party structures

Work you must tell your neighbour about

You must tell your neighbour if you want to:

Examples of this type of work include:

building a new wall

cutting into a party wall

making a party wall taller, shorter or deeper

removing chimneys from a party wall

knocking down and rebuilding a party wall

What you don’t need to tell them about

When and how to tell them

Any agreement you reach should be in writing.

Reaching an agreement with your neighbours

Once you’ve given notice your neighbour can:

give consent in writing

Who pays for the work

If you can't agree

This is a legal document which says:

what work should happen

how and when it will be carried out

You can’t act as your own surveyor.

If your neighbour doesn’t appoint a surveyor

If you don’t agree with the award

When works begin

When carrying out building works you must:

avoid causing unnecessary inconvenience

Access to your neighbour’s property