Dementia Pathways. For Health & Social Care Professionals

Legal and Capacity Issues

All adults have the right to be safe and to live a life free from abuse.  All persons are entitled to this right, regardless of their circumstances. It is the responsibility of all service providers, statutory and non-statutory, to ensure that, service users are treated with respect and dignity, have their welfare promoted and receive support in an environment in which every effort is made to promote welfare and to prevent abuse.

A new law has been passed which maximises a person's right to make their own decisions, with legally recognised supports, whenever possible. Advise the person with dementia (PwD) on the importance of making a will.

See further reading below. 

Encourage the patient to visit their solicitor or their local Free Legal Advice Centre.

Free Legal Advice Centre

There is new legislation called The Assisted Decision Making (Capacity) Act 2015. This legislation allows people to put an Advanced Healthcare Directive and/or an Enduring Power of Attorney in place. See the link below to our explanation of these documents.