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Typically, as long as dementia is minor or nonexistent, a person in the beginning stages of a dementia-causing disorder will be deemed mentally competent in the eyes of the law.
Dementia patients have the right to accept or refuse medical care so long as they demonstrate adequate mental capacity. The U.S. Constitution protects a person's basic freedoms, including the right to privacy and protection against actions of others that may threaten bodily integrity.
And he argues that people with dementia are indeed capable of giving consent. "People who have Alzheimer's disease or dementia are asked on a daily basis to make decisions about their desires," says Reingold, "from what they eat to activities they may want to engage in," including intimacy with another person.
In general, a person with dementia can sign a power of attorney designation if they have the capacity to understand what the document is, what it does, and what they are approving. Most seniors living with early stage dementia are able to make this designation.
Dementia, delirium, depression, psychosis, and drug intoxication, along with other psychiatric syndromes, can affect a person's capacity to provide consent for treatment. Conversely, having any one of these conditions does not, per se, indicate a lack of capacity to consent to treatment.