Tag: law

Legislation in Dementia

Dementia is often categorized as a part of aging, which means the financial costs associated with dementia care are not protected as “essential” or “necessary”. Care facilities are often bound by law to charge fees that they know are higher than the patient’s family can afford, yet they must cover high costs themselves that can only be lowered by legislation. While hospitals may receive tax breaks, private care facilities receive no “cushion”, thus denying care to too many people who desperately need professional care.

Even the elderly who have family members to look after them require help to cover some of their basic living needs: getting dressed, bathed, fed, etc. But it’s unfair and unreasonable to expect family members to address all these needs simply because they are younger or have some sort of blood connection – these two conditions, after all, have no bearing on whether they’re qualified to administer medical treatment. Imagine how much more difficult life would be for the elderly who have dementia and no family members to care for them.

Adding insult to injury, people with dementia are “clearly” at the end of their lives, which means they no longer have the time or ability to earn the money they need to pay for their very necessary care. Adding more insult, the “end” of their lives could stretch on for years, perhaps even decades – dementia, after all, is not a terminal disease.

Although the legal system essentially punishes the elderly for having dementia, it does have room for change and improvement. But the change requires people to commit to raising awareness of a system that is dysfunctional. Exposing the limits of a flawed system, then fighting to end the punishment of the elderly will eventually lead to people with dementia being a protected class in the eyes of the law. This can be done by supporting legal campaigns by organizations that support the care of dementia, whether through sharing on social media or directly writing to elected officials with a call for change.

Legal Preparation for Dementia

 

While every precaution should be taken to prevent dementia, there is the unavoidable issue of aging that can make life difficult. Dementia further adds to the stress, but apart from staving off dementia by adopting good nutrition and exercise regimens, there are some additional plans to consider. Just in case dementia sets in and makes medical care difficult, begin planning what kind of medical care would be ideal and desirable before any dementia symptoms appear. (If no dementia develops, all the better.) Seek legal counsel with experience in medical issues to discuss the following:

1. Ideal hospital or doctor: Is there a particular hospital or doctor that would be preferable over others in terms of comfort or trust level? Dementia patients may not be able to express their preferences in advanced stages, but the stress of being unable to communicate could be lessened if the care facility is decided beforehand.

2. Medical advocate: Is there a particular family member or friend who is knowledgeable about the patient’s particular health record and existing or development medical treatment plans? The more advanced the dementia, it will be very difficult for the person to comprehend what the doctor is recommending or to make decisions based on the doctor’s suggestions. A medical advocate should be someone who is committed to seeking out the best care for the patient and is willing to work with medical professionals (not just argue and oppose) to find the best dementia treatment.

3. Financing: Many people with mild dementia do not qualify for financial aid in medical treatment plans, especially if their symptoms are so mild that there is really no medication or treatment required. However, it does help for “daycare” facilities to be in the picture because oftentimes socialization will prevent dementia from advancing too quickly – and those programs usually require fees. For working adult children who must rely on these activity programs to provide the social requirement for their ailing parents, who also have other financial obligations, this extra payment can be a heavy burden. Research what is available and begin to set aside money for treatment-related expenses.