A dementia diagnosis can be emotionally overwhelming for both the individual and their family. But beyond the emotional weight lies an equally important and urgent task: ensuring that the necessary legal measures are put in place to protect the rights, wishes, and wellbeing of the person diagnosed.
To help families better understand this complex landscape, we spoke to Advocate Lance Brogden, who offers vital insights into curatorship and the legal implications that accompany a dementia diagnosis.
When should families begin the legal process?
According to Advocate Brogden, the answer is simple – immediately. “Dementia challenges develop at different speeds in different individuals,” he explains. “The type of dementia, age, and other health conditions all influence how quickly symptoms progress. Even traumatic experiences like PTSD can accelerate the condition. Because we can’t predict the pace, families must act early.”
Starting the legal process soon after diagnosis ensures that the person’s voice can still be part of the decision-making and that their interests remain protected as the disease advances.
Curatorship vs Power of Attorney
A common misconception is that a power of attorney is enough to manage the affairs of a person living with dementia. While helpful in the early stages, power of attorney has limitations.
“A power of attorney is often time-bound and situation-specific,” explains Advocate Brogden. “It may not be effective once the person loses full mental capacity. That’s where curatorship becomes essential.”
Curatorship is a broader, court-appointed role that allows an independent person to act in the best interests of the individual, legally and otherwise. Brogden strongly advocates for curators to be independent, objective professionals, to avoid any potential for exploitation or conflict within families.
The legal process of appointing a curator
Appointing a curator is a formal legal process that must be handled through the High Court. It typically involves an application by a close family member, friend, or professional.
“Extensive medical and specialist reports are required,” says Brogden. “These must clearly demonstrate that the individual no longer has the capacity to manage their own affairs.” The process can take three months or more, depending on various factors, which makes early preparation crucial.
Other legal documents to put in place early
While curatorship is key, it is just one piece of a larger legal puzzle. Brogden recommends families take a proactive approach by ensuring several documents and structures are addressed while the person is still mentally sound:
- Specific powers of attorney for financial and medical decisions
- An updated will that reflects current wishes
- A living will, especially if one is not already in place
- Legal structures or mechanisms that align with long-term care planning
These steps not only offer protection but also peace of mind for everyone involved.
Balancing legal protection with human dignity
Navigating the legal system should never come at the cost of a loved one’s autonomy and dignity. Brogden encourages families to set up protocols early on that honour the wishes and values of the person with dementia. “Use professional advice and objective structures to ensure these wishes are executed with sensitivity,” he advises. “Doing so preserves not just legal rights, but the dignity and identity of the person at the centre of it all.”
A final word from Advocate Brogden
“Objectivity and professionalism in the interest of the patient, and the wishes of that patient, must always be top priority.” As with all aspects of dementia care, compassion and preparation go hand in hand. The legal journey may seem daunting, but with the right guidance and timely action, families can face it with confidence, clarity, and care.
Livewell Wellness Talk with Advocate Lance Brogden – 21st June 2025
Join us for an important wellness talk exploring the legal complexities that often accompany a dementia diagnosis. Advocate Lance Brogden will unpack the concept of curatorship and other critical legal considerations that affect individuals living with dementia and their families.
From decision-making capacity to financial protection and long-term care planning, this session will offer valuable insights to help families navigate the legal landscape with confidence and clarity. Whether you’re a caregiver, family member, or healthcare professional, this talk will equip you with the knowledge to make informed choices about your loved one’s future.
- 21st June 2025 | 09:30am – 11:30am
- Livewell Estates, 113 Mount Street, Bryanston
- RSVP – [email protected]