Empowerment and decision-making for people with dementia: The use of legal interventions in Scotland

Abstract

Dementia is associated with a decline in the ability to reason and make judgements thereby affecting a person's ability to make sound decisions. Others are not legally entitled to make these decisions until they have been assigned legal jurisdiction to do so. It is not clear, however, the extent to which people with dementia rely on available legal interventions. The growing emphasis on early diagnosis for people with dementia provides an opportunity for people to plan and control decisions about financial management and welfare and may well lead to an increase in the uptake of these interventions. This paper coincides with a move to reform outdated Scottish Law with the Adults with Incapacity (Scotland) Act 2000. This legislation proposes a more integrated and flexible approach to the legal management of the affairs of people with reduced decision-making capability. The paper reviews of the recent literature on the use of legal interventions for people with dementia and their families, and discusses the empowering or disempowering nature of the interventions.