ABSTRACT
Deprivation of Liberty Safeguards provides a legal framework to authorise deprivation of liberty where this is necessary to provide care and treatment for people lacking capacity. People suffering from dementia exhibit various clinical features, including decline in cognition, intellectual functioning, reasoning ability, judgement and insight. Several legal issues arise in relation to the management of people with dementia. The property and affairs lasting power of attorney allows someone to choose one or more people to make decisions about their property and affairs. The Independent Mental Capacity Advocate can challenge the decision-maker on behalf of the person lacking capacity. The Mental Capacity Act provided for a new Court of Protection to make decisions in relation to ‘property and affairs’ and ‘health and welfare’ of someone who lacks capacity. The purpose of the mental health assessment is to establish whether the relevant person has a mental disorder within the meaning of the Mental Health Act.
