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Can a person with dementia have decision-making capacity? The definitive guide

5 min read

An estimated 50 million people worldwide live with dementia, yet many still retain the ability to make meaningful choices about their lives. The question, 'Can a person with dementia have decision-making capacity?' is complex and requires a nuanced, individualized approach to preserve a person's autonomy and dignity.

Quick Summary

Yes, a dementia diagnosis does not automatically revoke a person's decision-making capacity. Capacity is not all-or-nothing; it is a task-specific and time-dependent assessment, meaning a person may have the capacity to make some decisions but not others. Individual circumstances, the stage of dementia, and fluctuating cognitive abilities all play a significant role in this determination.

Key Points

  • Capacity is not absolute: A dementia diagnosis does not automatically mean a person has lost all capacity. It must be assessed on a case-by-case basis for each specific decision.

  • It's task-specific: A person may have capacity for simple daily choices but not for complex financial or medical decisions.

  • Assess key components: A proper evaluation considers the person's ability to understand, appreciate, reason, and express a choice related to the decision.

  • Capacity can fluctuate: A person's ability to decide may vary from day to day or even hour to hour. Assessments should account for this variability.

  • Plan ahead: The best way to ensure wishes are respected is to establish advance directives and powers of attorney while capacity is still strong.

  • Supported decision-making helps: Rather than taking control, family and caregivers can provide support to help the person make their own decisions for as long as possible.

  • Legal vs. Clinical: Capacity is a medical determination made by a clinician; competency is a legal term determined by a court.

In This Article

The Nuance of Decision-Making Capacity

Decision-making capacity is a functional assessment, not a diagnosis. It evaluates a person's ability to make a specific decision at a specific time. This differs significantly from legal “competency,” which is a global determination made by a court. The core principle is that every adult is presumed to have capacity unless proven otherwise. In the context of dementia, a diagnosis is not proof of incapacity. Instead, the assessment must be individualized and focused on the particular decision at hand, whether it's about finances, medical treatment, or daily activities. This person-centered approach respects the autonomy of the individual, ensuring their wishes are considered for as long as possible.

Key Components of a Capacity Evaluation

A clinician typically assesses decision-making capacity by examining four key components:

  • Understanding: Can the person comprehend the information relevant to the decision? This includes understanding the nature of the situation, the available choices, and the potential consequences of each option.
  • Appreciation: Does the person appreciate how the information applies to their own situation? This involves having insight into their current condition and recognizing the personal significance of the decision.
  • Reasoning: Is the person able to compare the options and weigh the potential risks and benefits? This requires the ability to engage in a logical thought process, not simply to choose what seems easiest.
  • Expressing a Choice: Can the person clearly and consistently communicate their decision? This choice must be stable over a reasonable period to be considered valid.

All four of these components must be present for an individual to have decisional capacity for a particular matter. It is crucial to note that capacity is not static; it can fluctuate depending on the time of day, medication effects, or other factors.

How Dementia Affects Decision-Making Over Time

The impact of dementia on a person's decision-making abilities is progressive, but not linear. In the early stages, many individuals retain the ability to make complex decisions, though they may benefit from support. For example, they might need a longer time to process information or require simplified explanations. As the disease progresses into moderate and advanced stages, decision-making becomes increasingly difficult, requiring more involvement from caregivers and loved ones. However, even in severe stages, a person may still be able to communicate a basic preference, and their feelings should still be considered. This is why planning ahead while capacity is still strong is so important.

The Role of Formal and Informal Assessments

Assessments of capacity can be informal or formal, depending on the stakes of the decision. Informal assessments happen every day as caregivers or family members observe and interact with the person. A formal assessment is typically conducted by a healthcare professional, such as a doctor or neuropsychologist, especially when there is a significant legal or medical decision to be made, or if there is conflict among family members.

Specialized tools exist to help clinicians, including the MacArthur Competence Assessment Tool for Treatment (MacCAT-T), which provides a structured interview to evaluate the four components of capacity. A formal assessment ensures that decisions are made in the person's best interest while upholding their right to autonomy.

Comparison of Capacity Across Different Decisions

Determining capacity is not a one-size-fits-all process. The level of capacity required varies significantly with the complexity and consequences of the decision. Here is a comparison:

Decision Type Required Capacity Example Notes
Daily Activities Basic to Moderate Choosing what to wear, eat, or watch on TV. A person with moderate to severe dementia may still be able to express preferences, even with limited verbal skills. Providing simple, two-choice options can be effective.
Healthcare Moderate to High Consenting to a new medication, surgery, or end-of-life care. This requires a higher level of understanding, reasoning, and appreciation. Capacity must be evaluated based on the specific treatment and its risks/benefits.
Financial Management High Managing investments, signing contracts, or creating a will. A more advanced form of cognitive ability is needed. Even in mild dementia, financial judgment can be impaired, making a person vulnerable to exploitation.
Living Situation Moderate to High Deciding whether to move to assisted living or remain at home with support. This complex decision involves weighing many factors, including personal preferences, safety concerns, and financial implications.

Empowering Autonomy: Supported Decision-Making

Instead of jumping straight to a surrogate making decisions, supported decision-making is a powerful approach that helps a person with dementia retain as much control as possible. In this process, the individual chooses trusted people (family, friends) to help them understand, weigh options, and communicate their choices. This can be especially effective in early to moderate stages of dementia. By providing clear, concise information and breaking down complex issues into smaller parts, caregivers can support the individual's ability to participate in their own care planning. This process promotes a sense of dignity and self-worth.

Legal Safeguards and Advance Planning

Early planning is essential to ensure a person's wishes are respected as their dementia progresses. Legal documents like a Durable Power of Attorney or an Advance Directive can appoint a trusted person to make decisions on their behalf if they lose capacity. An Advance Directive, or living will, allows a person to state their preferences for future medical care. Having these documents in place while a person still has capacity provides clear guidance and reduces family conflicts later on. The National Institutes of Health has extensive resources on capacity issues related to dementia, emphasizing the importance of planning ahead. For more information, explore resources like those published in the National Library of Medicine, which address the complexities of capacity assessments and patient autonomy in dementia care. [https://pmc.ncbi.nlm.nih.gov/articles/PMC5109759/].

Conclusion: Respecting Dignity and Autonomy

The answer to 'Can a person with dementia have decision-making capacity?' is not a simple yes or no. It is a spectrum that evolves with the disease. The process requires careful, individualized assessment by clinicians and compassionate support from caregivers. By focusing on supported decision-making and prioritizing advance planning, families can navigate this challenging journey while preserving the dignity and autonomy of their loved ones for as long as possible.

Frequently Asked Questions

No, a diagnosis of dementia does not automatically mean a person has lost all capacity. Capacity is not global; it must be assessed for each specific decision, and many people with dementia, especially in early stages, retain the ability to make meaningful choices.

Clinical capacity is a functional assessment made by a clinician to determine a patient's ability to make a specific decision. Legal competency is a global determination made by a judge in court. A person can have impaired clinical capacity but still be legally competent until a court ruling states otherwise.

A clinical assessment typically evaluates the person's ability to understand relevant information, appreciate how it applies to them, reason through options, and express a consistent choice. This can be done through a semi-structured interview with a healthcare provider.

Supported decision-making is a process where a person with cognitive impairment chooses a trusted individual or group to help them understand and communicate their own decisions, rather than having decisions made for them. It promotes autonomy and dignity.

Yes, decision-making capacity can fluctuate for individuals with dementia. Factors like medications, time of day, infections, or fatigue can influence a person's cognitive abilities, meaning capacity should be assessed based on the person's state at that specific time.

Depending on the stage and individual, a person with dementia may retain the capacity for simple daily choices, such as what to eat or wear. Even in later stages, they may still be able to indicate preferences through non-verbal cues.

Families can prepare by engaging in advance care planning early in the disease process. This includes discussing values and wishes and completing legal documents like an Advance Directive and a Durable Power of Attorney to appoint a trusted decision-maker.

References

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Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice. Always consult a qualified healthcare provider regarding personal health decisions.