ABSTRACT
Providing care for people with dementia requires some knowledge of legal and ethical frameworks. This becomes crucial where there are concerns that the person make be losing the capacity in relation to important decisions. There are key questions to consider. Can the person with dementia make their own decisions and choices about their welfare or financial affairs? What support do they need to enhance their ability to make their own decisions? If they lack capacity, who can make decisions for them? And what factors must that person take into account? International law and conventions, such as the European Convention on Human Rights, underpin domestic legislation. Principles of Scottish incapacity legislation can, as an example, help make difficult decisions. Always remembering that capacity is not “all or nothing” and varies depending on the decision, specific case examples show that an approach based on rights and principles helps us to think through difficult dilemmas.
