Managing legal affairs for someone with dementia

Symptoms of dementia will become worse over time.  That’s why it is important to get an early diagnosis and start making plans for the future as soon as possible.


These plans should include ensuring your wishes are upheld should you not be able to make decisions for yourself – also called lacking or impaired “capacity”.


Consent to treatment if your capacity is impaired by dementia.


The Mental Capacity Act is designed to protect people who lack the mental capacity to make decisions for themselves.  Under the Act, a person is presumed to have capacity “unless all practical steps to help him / her to make a decision have been taken without success”.


Giving your consent means you must give express permission before any medical treatment can be carried out on you.  Consent is needed for all treatments, whether it’s a simple blood test or an organ donation.


The only time when treatment can go ahead without your permission is if you cannot make a decision on your own and doctors responsible for your care believe the treatment is in your best interests.


Our Private Client team at Owen Kenny are specialists in elderly client matters; our Managing Director, Emily Allchurch, and Head of our Private Client team, says “We pride ourselves on our strong client care ethos providing legal advice in a friendly and professional manner.”  Call us on 01243 532777 or email with your enquiry.