When a Person Can No Longer Decide: Understanding Legal Protection
My father no longer understands documents or manages his account. I need to handle matters for him, but I don't have legal authorisation. What can I do?
When dementia affects a person's capacity to understand and make decisions, legal protection is needed so that someone can manage their affairs without infringing on their rights. This framework is designed to safeguard the individual's interests.
What it is and what it's for
This is a measure decided by a court, tailored to each person's specific needs. It can range from occasional support (only for certain acts, such as managing accounts or authorising treatments) to broader representation. The objective is to protect the person, while respecting their wishes and autonomy as much as possible.
Who can apply and how
- It can be requested by the person themselves, their spouse, close relatives, or public authorities.
- It involves a court action. The judge will hear the person, analyse medical reports, and appoint a representative (often a family member).
- The measure is reviewed periodically and adapted to the evolving situation.
Legal support
Legal advice is recommended. If income is low, you may be able to apply for legal aid, which can cover part of the costs and fees. You should inquire about this with your local social services.
"Without legal authorisation, no bank or service would let me resolve anything for my father. It legally gave me the ability to help him." — Anonymous Carer
Where to start
Speak to a lawyer or inquire at the court in the person's area of residence. For legal aid, contact your local social services. This page is for informational purposes only and does not replace legal advice.