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Originally Posted by blueash
A couple good posts, thank you. In the longer Bloomberg article there are some quotes from experts about how dementia may alter one's sexual needs and the benefit that human touch or intimacy can have for the person. These are generalities but do help with trying to gain some level of insight. I agree that "she didn't say no" is not an acceptable reason. However a non-comatose person can certainly express displeasure, pain, discomfort as well as smile, interest, and seeming to be comforted. Would a spouse hopefully be able to differentiate these feelings? I would not want touch withheld even intimate contact if my spouse thought it might help me or pleasure me even if I were unable to give a formal yes. I would be horrified if the legal system took action against her for continuing to love me in all the ways she can. But I don't see a way to make broad rules that also protect patients who are unable to consent and would not have consented had they been less disabled.
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Where's there a bureaucrat they will find a way of writing rules. Common sense and empathy though are so much better. Why the jury system is so important to finding the facts and getting justice. Intelligent discussions like this one sure help in prevention of legal problems in the future. I hope more people will think and post about this issue.
My almost hundred year Grandmother has Alzheimer's and does not even recognize her two daughters often. I doubt if she would recognize her husband if he were alive. There do seem to be serious issues about the validity of whether there was true consent with people who have these kind of problems.