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Wardship, Enduring Power of Attorney (EPA) and Assisted Decision Making are arrangements that deal with a person’s (potential) lack of capacity to make decisions by giving another a legal right to make decisions on their behalf. “Capacity” is the ability to understand the nature and consequences of a decision in the context of the available choices.
- An Application for Wardship can be made where a person is no longer able to make their own affairs.
- The Assisted Decision-Making framework is going to replace Wardship. It is anticipated that Wardship is phased out over a three-year period from 2022-2025.
- Where a person executes an EPA whilst they have capacity, they give another the right to make decisions on their behalf should they lose capacity at some point in the future.