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Substitute decision-making

‘Substitute decision-making’ refers to a situation where an adult who has legal capacity to make decisions makes decisions for another adult who does not have legal capacity to make these decisions for themselves. The substituted decision has legal effect as if it were a decision made by the person themselves. A substitute decision-maker may be entitled to make some decisions on behalf of another person without being given specific authority to do so under a Guardianship or Financial Management Order, or under an instrument of Enduring Guardianship or Power of Attorney (see ‘person responsible’ Chap 5A).