Making decisions for a person with dementia who lacks mental capacity

Should the person with dementia be consulted when the decision is being made?

The person has a right to be involved in decisions that are made about them (unless that’s inappropriate, for example if someone refuses to be consulted). This is very important. Just because someone can’t make the decision themselves, this does not mean that they won’t have preferences and feelings about what they would like to happen.

Should the family and carers of the person with dementia be consulted?

Family members, friends and carers also have a right to be consulted and involved in the decision, where appropriate. This is important and can be helpful because they often know the person best. They can say what they think is in the person’s best interests, as well as what the person’s preferences and views are.

What if the decision is complicated and the person with dementia lacks mental capacity? 

There may be a ‘best interests meeting’ if the decision is more complicated, such as decisions about where the person will live. This isn’t always needed.

However, when it is, a meeting can be a good way to consider all the different issues involved in the decision. This includes the views of the person and their family members.

Sometimes family members or the person’s representatives will be invited to the best interests meeting. If family members disagree, the views from both sides of the argument should be taken into account. 

At other times, family members won’t be invited to the best interests meeting. Often, the person themselves is not invited to attend. If the person and their family are not invited, their views should still be considered during the meeting.

How this is done will depend on the situation – for example, they could offer their views in writing or through someone else, such as an IMCA. Or the person with dementia or their carer could meet with a professional before the meeting to share their views.

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