Can You Have Dementia and Still Make Legal Decisions?
Making legal decisions when you have dementia can be a complex issue. Dementia is a condition that affects memory, thinking, and behavior, which can impact a person’s ability to make informed decisions. The capacity to make legal decisions is crucial, especially when it comes to managing personal affairs, financial matters, and medical care.
### Understanding Capacity
Capacity refers to the ability to understand the nature and consequences of a decision. For someone with dementia, this capacity can vary depending on the stage of the disease. In the early stages, individuals may still have the capacity to make decisions, but as the condition progresses, their ability to understand and make informed choices may decline.
### Legal Decisions and Dementia
If a person with dementia is deemed to lack the capacity to make decisions, they may need assistance from others. This can involve appointing a guardian or using a power of attorney. A guardian is someone legally appointed to manage the affairs of another person, while a power of attorney allows a designated person to act on behalf of the individual.
### Powers of Attorney
A Durable Power of Attorney is a document that allows someone to manage another person’s affairs even after they lose mental capacity. It is essential to create this document while the person still has the capacity to understand its implications. If no such document exists and the person with dementia can no longer make decisions, it may lead to legal complications and potential harm, such as financial exploitation or neglect.
### Guardianship
Guardianship is a legal process where a court appoints someone to manage the affairs of a person who lacks the capacity to do so themselves. This can include managing finances, making medical decisions, and overseeing daily life. However, guardianship should be considered a last resort, as it can significantly impact a person’s autonomy and social life.
### Advance Directives
Advance directives, such as living wills, are important tools for individuals with dementia. These documents outline a person’s wishes regarding medical treatment and end-of-life care, ensuring that their preferences are respected even if they lose the capacity to communicate them.
### Early Planning
The key to maintaining control over legal decisions when facing dementia is early planning. Creating legal documents like powers of attorney and advance directives while still having the capacity to understand them is crucial. This approach helps ensure that a person’s wishes are respected and their affairs are managed according to their preferences, even if they later lose the ability to make decisions.
