On the Suitability of Statements Pro Futuro for the Protection of a Person With Alzheimer’s Disease 0r other Type of Dementia

Abstract

As the law now stands, incapacitation is the only measure of legal protection for people suffering from Alzheimer’s disease or other forms of dementia. To strengthen the legal protection of people affected by a neurodegenerative disease, a comprehensive regulation of the so-called pro futuro statements, i.e. statements made for the future, is needed. The category of pro futuro statements is very wide and covers not only so-called living wills, which are closely related to the subject of the patient’s dying, but also other statements that are subject to ordinary medical interventions. However, it should be pointed out that pro futuro statements may refer not only to medical activities, but also to the patient’s personal matters, unrelated to the treatment process. The progress of Alzheimer’s disease or other neurodegenerative diseases gradually deprives the patient of his/her ability to understand the surrounding reality. Bearing in mind that this process is usually spread over time, regulating pro futuro statements in the case of such diseases seems particularly useful.