Dementia is a progressive condition that can affect a person’s ability to make decisions about their health, welfare and financial affairs over time. However, it is important to recognise that a diagnosis of dementia does not, in itself, mean that a person lacks capacity. Many individuals continue to make their own decisions for a significant period and should be supported and empowered to do so wherever possible.
At Birketts, we place the individual at the centre of everything we do. We work closely with clients living with dementia, as well as their families and carers, to ensure that they are supported to retain independence, dignity and control over decision-making for as long as possible. This includes assisting with practical steps and legal arrangements that enable individuals to plan ahead and have confidence in their future.
Forward planning is a key aspect of living well with dementia. While a person has capacity, they may wish to put in place arrangements, such as Lasting Powers of Attorney (LPAs), to appoint trusted individuals to assist with, or make decisions on their behalf, should their ability to do so change in the future. We provide clear, sensitive advice to ensure that these arrangements reflect our clients’ wishes and best interests.
Understanding dementia and mental capacity
Dementia can affect memory, communication, reasoning and decision-making abilities. As a result, individuals may gradually lose mental capacityto make certain decisions themselves.
When this happens, legal frameworks such as the Mental Capacity Act 2005, LPAs and Deputyship Orders become essential tools in managing a person’s affairs safely and appropriately and planning for the future.
Planning early, and importantly while capacity is still present, can make a significant difference in maintaining control and ensuring that trusted individuals are able to act when needed.
Legal support for individuals living with dementia
Our Court of Protection team regularly provides support to individuals and families affected by dementia, including:
- advising in relation to the creation of LPAs (where a person retains capacity) and acting as professional Attorneys where appropriate
- advising in relation to Court of Protection applications (where someone has lost capacity), including the appointment of Deputies, as well as acting as professional Deputies where appropriate
- advising families on capacity, care decisions and safeguarding
- supporting with long-term financial management and care planning
- advising Attorneys and Deputies as to their role and the remit of their authority.
We take a tailored, client-focused approach in every case, recognising that no two individuals experience dementia in the same way.
Our role often involves working closely with:
- the person suffering with dementia
- their family members and carers
- healthcare professionals and social workers involved in their care
- their financial advisers, case managers, and any other professionals involved.
This collaborative approach ensures that all decisions are made in the individual’s best interests, while respecting their preferences, values and dignity.
Raising awareness: supporting dementia initiatives
Birketts is proud to support initiatives that raise awareness of dementia, with many of our team being registered as Dementia Friends, and the challenges faced by those living with the condition.
The firm has participated in charitable events such as Denim for Dementia Day, in partnership with the Alzheimer’s Society, as well as undertaking fundraising activities to contribute towards vital research and support services. These initiatives reflect our ongoing commitment not only to legal excellence, but also to supporting the wider dementia community.
The Birketts view
If you or a loved one has been diagnosed with dementia, it is important to seek advice at an early stage to ensure the right legal arrangements are in place.
Our Court of Protection specialists can assist with:
- setting up a Lasting Power of Attorney (LPA)
- applying for Deputyship through the Court of Protection
- advising on mental capacity and decision-making
- supporting families with ongoing financial and care arrangements.
To find out more, contact our Court of Protection team.
Key Contacts
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at May 2026.