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Legal Protection for a Loved One With DementiaCreate a health care directive.Create a written care plan with your memory care community.Create an estate plan.Monitor your loved one's treatment.Set up a financial power of attorney.
Most of the care for people with dementia takes place at home, and the unpaid, informal caregivers are often spouses or other relatives. Providing long-term informal care at home for someone with dementia is psychologically, physically, and financially draining.
A dementia diagnosis doesn't necessarily mean you're unable to make important decisions at that point in time. But as symptoms of dementia get worse over time, you may no longer be able to make decisions about things like your finances, health or welfare. This is sometimes referred to as lacking mental capacity.
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.
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.