Nationwide Tel: 0330 022 5778 or Tel: 0207 030 4923

Legal Issues To Consider With Dementia

Taking appropriate legal steps for dementia care decisions in your family

The ongoing management of mental health conditions such as dementia and Alzheimer’s is not only about getting the right medical treatment.


Long term elderly care has a huge impact on family and caregivers, and there is an array of legal issues which need to be addressed to ensure that the right care is delivered and that decisions can be taken on behalf of the patient when they are no longer mentally capable.

There is a lot of legal jargon to wade through, from Lasting Power of Attorneys and dealing with the Court of Protection, through to Wills and Trust and Inheritance Probate and more complex issues such as Guardianship and Deprivation of Liberty Safeguards.

There is a very strong argument for putting in place legal documentation such as a Lasting Power of Attorney (LPA) for you or a loved one so that it can be enacted immediately once dementia or Alzheimer’s has been diagnosed. There are too many cases where the patient’s condition deteriorates too quickly for them to have an LPA drawn up because their mental capacity is insufficient.


“Legal issues around mental health capacity and dementia care can be complex, but Eldermera can guide your family through the legal process, using plain English to explain legal obligations and make them easy to understand.”

In terms of long term elderly care, an LPA is probably the most important legal document to have drawn up: it is designed to cater for all the requisite arrangements for your care when you no longer have the mental capabilities to make your own decisions. 

It will allow your family and/or caregivers to organise all your care needs, but also to ensure that your finances are effectively managed and that the cost of care can be met.

When a person has been diagnosed with Alzheimer’s or dementia and will need long term care for their condition as it worsens, the LPA is a crucial legal instrument to ensuring effective, ongoing care delivery and associated financial planning. 

It will guarantee that whoever you select to manage your ongoing care and finances will be officially authorised to do so.

Ensuring you have a Lasting Power of Attorney, can be one of the most important things to do in dementia cases.


If there is no Lasting Power of Attorney in place, then circumstances can become more complex and your care can be subject to delays. Your family member cannot simply start acting on your behalf and take decisions on your care and finances. The Court of Protection will need to be informed of the mental incapacity of the patient before it appoints a member of the family, close friend or legal professional to act on their behalf and organise their care and finances.

The powers granted by the court can be more restrictive than an LPA, but the appointed deputy will have sole power over your welfare, from the delivery of your care and medical treatment through to accessing your bank account and your property.

Whether you wish to set up a Property & Affairs Lasting Power of Attorney or a Personal Welfare Lasting Power of Attorney, or both, Eldermera’s legal team can make all the necessary arrangements for you, including the completion of applications and formal registration.

So if you want to plan your future care now and put an LPA in place, call us today.


Why not schedule a free consultation today?