Dementia Awareness Week runs from the 19th – 25th May 2025. This is an opportunity for individuals, communities and organisations such as ourselves to highlight the impacts of Dementia and take action to support those affected. When a person receives a dementia diagnosis, this doesn’t mean they cannot make important decisions immediately. However, as their symptoms worsen, they may no longer be able to make decisions about their finances, health or welfare. There are steps you can take to protect yourself in the future, in case you are concerned about what would happen if you did lose mental capacity. In this article, we look at how someone you trust can make decisions on your behalf and how you can help a loved one with dementia to protect them and their wishes.
Mental capacity explained
The law says we must assume a person has capacity unless it’s proven otherwise.
Mental capacity is the ability to make a specific decision at the time it needs to be made. Someone with dementia may have capacity for some decisions and not others, and that capacity can change over time.
Even if someone needs support to make a decision, it doesn’t mean they lack capacity. This is a key principle in protecting the autonomy and dignity of those living with dementia.
Lasting powers of attorney
Creating a Lasting Power of Attorney whilst still having mental capacity ensures your wishes are respected in the future, should you no longer be capable of expressing them. An LPA is a legal document that allows a person (the ‘donor’) to appoint someone they trust (the ‘attorney’) to make decisions on their behalf if they become unable to do so themselves. There are two types:
Health and welfare LPA – for decisions about medical treatment, care, and daily routines.
Property and financial affairs LPA – for decisions about managing money, bills, and property.
Without an LPA in place, loved ones may face delays, distress, and legal barriers in acting on behalf of someone with dementia, even with the best of intentions. More importantly, it can mean the person’s own voice is lost at a time when they need to be heard the most.
Putting LPAs in place early isn’t about giving up control, it’s about taking control while you can, and ensuring that your values and preferences are respected, no matter what the future holds.
What happens if you lose capacity without an LPA in place?
If capacity is lost and there is no Lasting Power of Attorney in place, the next step would be to apply to the Court of Protection for a Deputyship Order. The application process for this can be lengthy and challenging for loved ones to have to go through, as well as costly.
Do you need a Power of Attorney if you are married?
It is essential to understand that no one has the power to make decisions on your behalf if you have not set up an LPA. Your spouse or civil partner cannot automatically deal with bank accounts or pensions or even make decisions about your care where you lose capacity. As a result, even if you are married or in a civil partnership, setting up an LPA is essential.
If you would like to know more about how to manage the legal affairs of someone with dementia, including putting in place Lasting Powers of Attorney, Deputyship Orders or Wills, please phone our team on 01245 228125. This is not legal advice; it is intended to provide information of general interest about current legal issues.
