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Difference between revisions of "Other Consent Issues in Residential Care"
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Other Consent Issues in Residential Care (view source)
Revision as of 18:36, 8 July 2014
, 18:36, 8 July 2014→Substitute decision-making for sex?
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Since there is no legislated or common law test with regards to sexual consent capability, it follows that there is no law that expressly provides for substitute decision-making in this area. [[Chapter Six Legal Issues in Residential Care References|71]]) | Since there is no legislated or common law test with regards to sexual consent capability, it follows that there is no law that expressly provides for substitute decision-making in this area. [[Chapter Six Legal Issues in Residential Care References|71]]) | ||
===Substitute decision-making for sex? | {| class="wikitable" | ||
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| width="100%" |'''Substitute decision-making for sex?''' | |||
Substitute decision-making in this context means non-interference. The decision-maker recognizes, accepts and “allows” the parties (one or both of whom may be cognitively impaired) may act on their desires if they wish and as they wish. This would occur where there are indications from both parties that touching or other intimacy is desired. | {| class="wikitable" | ||
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| width="100%" | Substitute decision-making in this context means non-interference. The decision-maker recognizes, accepts and “allows” the parties (one or both of whom may be cognitively impaired) may act on their desires if they wish and as they wish. This would occur where there are indications from both parties that touching or other intimacy is desired. | |||
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At present, substitute decision-making in this area does occur in residential care. However it more often involves family saying “no to sex” or “no” to other forms of intimacy based on their personal views about sex or other intimacy outside of marriage or intimacy generally “at our mother’s age”. In other instances, it is based on their interpretation of the parent’s earlier life actions and values as a person without dementia. Family may expect staff to actively monitor and stop or redirect any relationships. The parties may be separated to different floors or even moved to a different facility. | At present, substitute decision-making in this area does occur in residential care. However it more often involves family saying “no to sex” or “no” to other forms of intimacy based on their personal views about sex or other intimacy outside of marriage or intimacy generally “at our mother’s age”. In other instances, it is based on their interpretation of the parent’s earlier life actions and values as a person without dementia. Family may expect staff to actively monitor and stop or redirect any relationships. The parties may be separated to different floors or even moved to a different facility. | ||
