Care decisions for someone with dementia

Guidance from Estate Advisory Group

Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026

Capacity is decision-specific and it changes through the day. That shapes almost everything an attorney does.

Assess for each decision, each time

Someone may be unable to decide about selling their house but perfectly able to choose what to eat or where to sit. Ask at the best time of day, in a familiar place, with information given simply. An attorney only acts where the donor cannot decide. See mental capacity explained.

When the donor resists care

  • Look for the cause: pain, infection, fear, noise, an unfamiliar carer.
  • Try the least restrictive option and record what you tried.
  • Covert medication, locked doors and physical restraint go beyond an attorney's authority and need a proper authorisation.
  • Ask for a community mental health or dementia nurse review rather than deciding alone.

A worked example

Consider Eileen, who has moderate dementia. Her daughter Marion holds her registered health and welfare LPA. Some mornings Eileen can clearly say she wants a shower rather than a bath and is capable of that decision; by early evening the same day she may be too confused and distressed to weigh up a much simpler choice about what to wear for bed. Marion does not treat Eileen as permanently lacking capacity — she reassesses in the moment, defers to Eileen whenever she can decide for herself, and only steps in as attorney for the specific decisions Eileen genuinely cannot make at that time. When Eileen begins refusing all personal care from a new agency carer, Marion does not simply insist; she asks the GP whether an infection or pain could explain the change, and it turns out a urinary tract infection was the cause, resolved with treatment rather than argument.

Medication and covert administration

Attorneys are sometimes asked by a care home or family member whether medication can be hidden in food when the donor refuses it. This is a serious step that goes beyond ordinary attorney authority: it needs a proper best-interests process involving the GP or pharmacist, a documented decision that it is the least restrictive way to give essential treatment, and usually sign-off through the care home's own safeguarding procedures. An attorney should never authorise it alone on the strength of the LPA only.

Decisions that need the Court of Protection

  • Depriving the donor of their liberty outside a care home DoLS.
  • Serious disputes with clinicians or between attorneys.
  • Statutory wills, large gifts and tax planning.
  • Stopping contact between the donor and a family member.

If a dementia diagnosis is recent and no LPA is in place yet, capacity to make one may still exist for some time after diagnosis — see LPA after a dementia diagnosis for how quickly to act and what a solicitor or our capacity-checked process looks for.

Common questions

Can I move a parent with dementia into my home?

Yes, as a welfare attorney acting in their best interests, provided it is not a deprivation of liberty and you have consulted those close to them.

Can I stop a relative visiting?

Only if contact is causing the donor harm, and even then take advice — contact restrictions are frequently challenged.

Does fluctuating capacity mean the LPA switches on and off?

In effect, yes. Your authority applies only to the specific decisions the donor cannot make at that moment, which is why reassessment matters so much with dementia.

Can I authorise a GPS tracker or door alarm?

Low-level safety measures are usually within your authority if genuinely the least restrictive option, but anything that stops the donor leaving at will risks becoming a deprivation of liberty needing separate authorisation.

Read next

Where this fits

This page is part of Health and care decisions. The pages below take it further.

Review and sources

Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.

Official sources

Most people make both LPAs

Property & Financial Affairs and Health & Welfare together cost £79 instead of £98 separately.

The Office of the Public Guardian charges a separate £92 to register each LPA.

This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.

Published by Estate Advisory Group