Dementia significantly affects mental capacity, which refers to a person’s ability to make decisions for themselves. In the UK, mental capacity is defined under the Mental Capacity Act 2005, which sets out how decisions should be made on behalf of those who are unable to do so themselves.
What Is Dementia?
Dementia is a condition that impairs brain function, affecting memory, thinking, communication and reasoning. As the disease advances, it becomes more difficult for people to understand, retain and weigh up information needed to make decisions. This may impact choices such as managing finances, taking medication or deciding where to live. A person with dementia may have the capacity to make some decisions, such as what to eat or wear, but not more complex ones, like creating a legal will or consenting to medical treatment.
What Is a UK Power of Attorney?
In the UK, a Power of Attorney is a legal way for a person to choose someone to make decisions for them if they lose mental capacity due to conditions such as dementia. This must be set up while the person still has mental capacity. Having this in place can provide reassurance that decisions will be made in line with the person’s wishes and best interests. You can find out more about UK power of attorney here. A Power of Attorney is the only person who’ll have the authority to make medical and financial decisions on your behalf, when you are unable to.
Health and Social-Care Professionals Must Assess Capacity
Under UK law, there is a presumption of capacity unless proven otherwise. Health and social-care professionals must assess capacity following a process, ensuring that all steps have been taken to support the person in making their own decision. If someone is found to lack capacity, any decision made on their behalf must be in their best interests. Family members and carers often play a vital role in supporting people with dementia. However, they cannot make legal decisions unless they have been granted a Lasting Power of Attorney.