Dementia, Healthcare Decision Making, and Disability Law

J Law Med Ethics. 2019 Dec;47(4_suppl):25-33. doi: 10.1177/1073110519898040.

Abstract

Persons with dementia often prefer to participate in decisions about their health care, but may be prevented from doing so because healthcare decision-making law facilitates use of advance directives or surrogate decision makers for persons with decisional impairments such as dementia. Federal and state disability law provide alternative decision-making models that do not prevent persons with mild to moderate dementia from making their own healthcare decisions at the time the decision needs to be made. In order to better promote autonomy and wellbeing, persons with dementia should be accommodated and supported so they can make their own healthcare decisions.

MeSH terms

  • Advance Directives
  • Decision Making*
  • Dementia / psychology*
  • Disabled Persons / legislation & jurisprudence*
  • Humans
  • Mental Competency / legislation & jurisprudence
  • Personal Autonomy*
  • Proxy
  • United States