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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.
The person living with dementia maintains the right to make his or her own decisions as long as he or she has legal capacity. Power of attorney does not give the agent the authority to override the principal's decision-making until the person with dementia no longer has legal capacity.
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.
A patient cannot be forced to be discharged without consent from a legal representative. When planning for discharge to a residential facility, a person with dementia and his or her care team may consider these questions: 2022 Is the facility certified to treat individuals with Alzheimer's or another dementia?
Can I refuse to stay in the hospital? Generally, yes. You can leave even if your healthcare provider thinks you should stay. But it will be documented in your record as discharged against medical advice (AMA).