EmpowerAbility Toolkit · Standard 1

EA-1.01 · Rights, Consent & Legal Authority Record

Protect rights. Record authority clearly. Use the least restrictive approach.
Start with the person's rights. An adult should be treated as able to make their own decisions unless there is evidence that they cannot make the particular decision in question.
This is not a capacity assessment. EA-1.01 records the person's decision-making arrangements, consent, legal authority and any action the service must take. Where formal assessment or legal advice is needed, use the appropriate professional or statutory route.
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Ready

1. Start

What needs to be recorded?

Choose all that apply. The form will open only the sections you need.

If no special arrangement is needed, record that the person makes their own decisions and move to the final review section.

2. The Person's Rights & Wishes

3. Consent / Agreement

Use this section for consent or agreement that the service needs to record. Do not use it as a substitute for a proper legal basis where one is required.

4. Support to Make a Decision

5. Concern About Capacity

Capacity is decision-specific. Needing support, having a diagnosis, or making an unwise choice does not by itself show that a person lacks capacity.
If there is doubt, the service should not simply appoint someone else to decide. Check whether formal assessment, legal authority or professional advice is needed.

6. Attorney, Guardian or Other Legal Authority

Do not assume broad powers. Record only powers that are actually granted and relevant to the decision in question.

7. Financial Authority & Money Management

Keep day-to-day financial records in the appropriate finance/account system. EA-1.01 should record authority and boundaries, not duplicate every transaction.

8. Advocacy & Other People

9. Restriction or Limit on Freedom

Use the least restrictive option. Restrictions should have a clear reason, lawful basis where required, and a review date.
If the restriction is linked to a safety risk, update EA-4.01 as well. Do not duplicate the full risk assessment here.

10. Information Sharing Wishes

Data protection note: the person's wishes are important, but this section does not decide the organisation's legal basis for processing or sharing personal data. Follow the service's data-protection procedure and law.

11. Actions & Review

Principles check

Actions needed

ActionWho?Due dateDone

Other records to update

12. Sign-Off

Final check: keep copies of any legal authority documents or formal assessments in the correct secure record. EA-1.01 should record what they mean for the service, not replace the original documents.