Legal issues in dementia

Abstract

The professional care of patients with varying degrees of dementia over time may implicate a variety of legal (as well as ethical) considerations. Important legal issues arise in the context of medical decision making concerning diagnostic tests, therapeutic treatments and research participation. Questions about informed consent, decisional capacity, advance planning, and the extent and limits of surrogate decision makers’ authority to speak on behalf of incapacitated patients are implicated. This article outlines some of the most salient aspects of these legal issues as they pertain to the long term management of persons with dementia.