Making health care decisions for others – free guide

2 Jul 2026

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A guide for substitute decision-makers

ELLC-A-guide-for-substitute-decision-makers

Key messages
• You may be asked to make health care decisions for someone else if they do not have decision-making capacity. This is known as substitute decision-making.
• Substitute decision-making is a last resort. Before deciding for someone, the person should be supported to make the decision themselves.
• If the person cannot decide with support, a substitute decision-maker must make the decision the person would have made or wanted.
• The law says who can be a substitute decision-maker. It is usually someone close to the person e.g. family, close friends.

When might I need to make health care decisions for someone else?
Consent is needed before a health professional can give a person health care and medical treatment.
In most cases, the person will be able to decide whether or not to consent. However, in some situations they may not be able to decide because they have impaired decision-making
capacity. For example, they might be unconscious or have an illness or medical condition which means they are unable to make a decision. In these cases, substitute decision-making may be needed. This is when someone else (a substitute decision-maker) decides for the person.