Symposium: Legal and Ethical Issues in Dementia

Legal problems as experienced by people with dementia and their carers in Belgium

Philip Bentley

What is a legal problem?

• I need to take this or that legal rule into account when: – Organising my life as a person with dementia;– Caring for a person with dementia;– Managing the affairs of a person with

dementia, or acting as personal confidant.

• The law is inadequate to deal with the practical difficulties posed by dementia.

An ideal situation

• My medical condition has been explained to me fully, as also the way it is likely to evolve.

• The relevant law has been explained to me fully.

Managing my property

• I have appointed an attorney to manage my affairs and report back to me.

• I have designated a personal confidant to keep the situation under review.

• I have taken tax/legal advice and have made the necessary testamentary dispositions in accordance with my wishes as to how my property should devolve.

Personal Civil Liability

• I have adequate personal civil liability insurance (and so does my carer).

• I have taken the aptitude test to drive a car.

• I have instructed my personal confidant to oblige me:– to take this test regularly; and – to surrender my driving licence the day I am

no longer in a fit state to be in charge of a car.

Provisional Administrator

• My personal confidant will apply for appointment of a provisional administrator if this should become necessary.

• I have specified who I would prefer to have as my provisional administrator.

Confinement

• My personal confidant will also apply for my confinement if this should unfortunately become necessary.

• I trust my personal confidant to ensure that the doctors and the judge apply the rules strictly in determining whether I have to be confined.

• I have specified that, if possible, I would prefer to be confined with my close family rather than in an institution.

Medical matters

• I have designated a personal confidant in medical matters.

• I have left this personal confidant with written instructions as to: – (i) the types of medical treatment I do not wish to

undergo, – (ii) the conditions in which I am prepared to take part

in medical experiments, – (iii) the conditions in which, and the persons to whom,

I am prepared to donate certain organs while still alive,

– (iv) my intimate wishes concerning palliative care and dignified treatment as end of life approaches.

How shall I survive financially?

• My financial adviser/personal confidant has drawn up a plan but I have no idea how long I shall live.

• Sickness and invalidity insurance does not cover much.

• It is not easy for a close relation to interrupt his/her career to care for me.

• I would hate to be a financial burden on my children, even though they have obligations under the Civil Code.