Public awareness of legal decision-making capacity and planning instruments in dementia: implications for health care practitioners

Abstract

The protection of a person facing difficulties with legal decision-making can be challenging; however, estate planning documents (EPDs) can offer safeguards. Little is known about the community awareness of EPDs and their perceived importance, including for people with dementia. Two-hundred and thirty adults read a mild dementia vignette, proposed a diagnosis for the vignette character (VC), and rated the VC’s legal decision-making capacity (DMC). The effect on ratings about DMC under different conditions was explored (e.g., variation of VC characteristics and the decision). Awareness, and the personal importance, of EPDs were assessed. DMC was affected by the variations in the VC’s age, diagnosis, and the decision, as high- or low-stakes, but not VC sex. Awareness of EPDs was low; however, planning importance was increased for dementia. Although the public understand that dementia affects DMC, they require further information about EPDs to validly enact them, thereby reducing potential vulnerability.

Key words:

• advance health directive
• decision-making capacity
• dementia
• depression
• enduring power of attorney
• testamentary capacity
• wills

Supplemental material

Supplemental material is available via ‘Supplementary’ tab on the article’s online page (http://dx.doi.org/10.1080/13218719.2022.2060364).