A perfect storm has developed on the elder care forefront that is comprised of sexual desire, dementia, and nursing home liability. The last sensation to deteriorate as a person reaches the end of life is that of touch. And, the desire for physical contact of whatever sort–whether it be sexual or otherwise, is merely a natural consequence of the human condition.
There has been an uptick in the incidence of sexually transmitted diseases among nursing home residents. Those patients desiring sexual contact can become predatory. The diagnosis of dementia raises the issue of whether that patient has the capacity to consent to sexual activity. Further, dementia can lead to a loss of impulse control.
While many facilities are just ignoring these issues, at least one facility, the Hebrew Home at Riverdale, NY, has published articles about their early adoption of a policy regarding sexual conduct among their residents.
If your family has questions or concerns about paying for the high cost of longevity, contact us via email, facebook, twitter, LinkedIn, or phone.
University of Alabama Law Review, vol. 68, number 1 (2016)