12.1 Some Legal Points on Housing and other Care Settings for Seniors with Dementia

When seeking accommodation, seniors with dementia have many of the concerns which other seniors have, but also have other needs particular to their circumstances. As a person's life with a diagnosis of dementia starts it may not be very different that that of the others. In fact the former may already be addressing the concerns touched on above. These are likely to include:

• the prospect of downsizing from a much loved home
• the types of accommodation needed: bungalow, flat, serviced accommodation, care home, rest home, accommodation in a family member's home, etc   
• the practical tasks faced in getting ready for such a move, namely: a) emptying the loft, b) reducing the quantum of furniture, and which items to discard,  c) identifying the criteria for the search for suitable alternative accommodation eg location, size, facilities, services, etc 
• the need to seek professional and other advice and services in respect of the last items.

Where a person has been diagnosed with dementia, it is a similar set of concerns but is likely to be laden with the following:

• having need to make decisions, so depending on how far along the dementia jouney an individual has reached he or she may find questions about mental capacity to act on certain decisions
• this leads to pointers as to whether there exists any valid legal documents, such as: a) a Will, b) a Lasting Powers of Attorney concerning property and finance, c) a Lasting Powers of Attorney concerning health, care and wellbeing
• if at a late stage of dementia, perhaps following a crisis, it is found that none of these exist or for some reason they are invalid. Here, if mental capacity is lacking, it may be necesssary for a family member, friend or professional to seek an order of the Court of Protection (UK). 
• Finally, an important point is that the wishes which might have been held earlier may not be known by the health and care team in assessing suitable treatment.
• Where valid legal documents are available the wishes of the individual must normally be observed  by those handling property and finance, but perhaps more importantly, prosessional medical and care staff are required to see that the wishes of the patient are addressed appropriately in accord with wishes as to treatment. Similarly, on death the deceased estate passes under the rules of intestacy unless there is a valid Will (see Post 12).