Question 39
What happens if someone with dementia can no longer make decisions?
When someone with dementia loses the ability to make decisions, the Mental Capacity Act sets out what must happen. If a Lasting Power of Attorney is in place, the appointed person can act. Without one, decisions about care are made by professionals in consultation with family, following a formal best interests process. Family members do not automatically have legal authority — without an LPA, they are consulted but cannot override professional judgements. Major decisions, such as moving into a care home, must be documented with clear reasoning about why the decision is in the person's best interests.
If there is no LPA and the person has already lost capacity, speak to a solicitor about a Court of Protection deputyship — it is the only route to formal decision-making authority.
What changes the answer
- Whether an LPA exists and has been registered
- The person's current level of mental capacity
- Whether decisions involve care arrangements or financial matters