Under the Mental Capacity Act 2005 civil partners are treated the same as heterosexual married couples. Decisions cannot be made on a person’s behalf as to whether they consent to a civil partnership or dissolve a civil partnership, the same as for heterosexual people and marriage. Lasting and Enduring Power of Attorney’s can be same-sex partners, as well as family or close friends. If a patient loses mental capacity under the Act, staff must respect the decisions of the nominated Attorney.
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