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Dementia is a progressive condition.

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"Mental Capacity" is a legal term that refers to whether someone is capable of making informed decisions.

 

 

To have capacity, a person must be able to:

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  • understand the information relevant to the decision they are making

  • retain that information for long enough to make the decision

  • weigh it up as part of their decision-making process

  • communicate their decision to others – this does not have to be verbal; for example, nodding, blinking or hand gestures may all count

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People with dementia often reach a point where they no longer have this "Mental Capacity" and therefore do not have the capacity to make informed decisions about their health, care or finances. In this situation, family members, friends or professionals such as a doctor, social worker or solicitor may need to make those decisions for them.

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Please read this excellent leaflet produced by the National Charity DementiaUK for more information.

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We also strongly recommend that you may need to seek professional opinion regarding "Mental Capacity" in some circumstances.

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