Serious older woman sitting at kitchen table

Legal responsibility for someone with dementia — what Lasting Power of Attorney actually means

There is no single person who is automatically legally responsible for an adult with dementia in the UK. Adults retain legal autonomy unless they are formally assessed as lacking capacity to make a specific decision under the Mental Capacity Act 2005. If a person has lost capacity, a Lasting Power of Attorney registered before they lost capacity gives the named attorney legal authority to make decisions on their behalf. If no Lasting Power of Attorney is in place, adult children and relatives have no automatic legal authority, and it may be necessary to apply to the Court of Protection for a deputyship order. Setting up a Lasting Power of Attorney early, while the person still has capacity, is strongly advisable.

Frequently Asked Questions Related to Home care support

Next of kin and care home fees — the financial pressure families feel that has no legal basis

read this FAQ

Free home care for dementia — the entitlements most families never claim

read this FAQ

Legal responsibility for someone with dementia — what Lasting Power of Attorney actually means

read this FAQ

Who is financially responsible for someone with dementia? Not who most families assume

read this FAQ

The hardest part of caring for someone with dementia — and why nobody tells you it's this

read this FAQ

The 'happy pill' for dementia — what carers mean by it, what doctors prescribe, and what works better

read this FAQ

Why people with dementia sleep so much — and when it's normal versus a sign of something else

read this FAQ

Keeping someone with dementia content — the daily habits that matter more than occasional big gestures

read this FAQ
We use cookies in order to give you the best possible experience on our website. By continuing to use this site, you agree to our use of cookies.
Accept