Legal and Ethical Issues concerning Sexual Consent Capacity for PLWD in LTC

Presenter:

Graham Webb, Lawyer/Executive Director, Advocacy Centre for the Elderly, Toronto, Ontario

Summary:

Persons living with dementia in long-term care may have fluctuating capacity that varies from time-to-time and from decision-to-decision. Legal consent to sexual activity is not an aspect of personal-care decision-making, and it is outside of the substitute decision-making laws that are outlined in Ontario’s Substitute Decisions Act and Health Care Consent Act.

This presentation will review the limits of substitute decision-making laws in Ontario as they relate to sexual activity. It will discuss the legal and ethical issues concerning Sexual Consent Capacity for Persons Living with Dementia in Long-Term Care, including the context and parameters of sexual consent, the meaning of sexual consent capacity, and the role of substitute decision-makers with respect sexual consent and personal safety within the long-term care setting.

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