Care decisions for someone with dementia
Guidance from Estate Advisory Group
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.
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.
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.
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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