Court rulings involving individuals with dementia in Israel: A qualitative perspective. (November 2019)

• Record Type: Journal Article
• Authors: Doron, Israel (Issi); Werner, Perla; Spanier, Benny; Lazar, Ori
• Is Part Of: Dementia. Volume 18:Number 7/8(2019)
• Page Start: 2576
• Page End: 2595
• Publication Date: 2019-11
• Subjects: law and aging -- elder law -- Alzheimer's disease -- human rights; Psychiatric social work -- Periodicals; Social work with older people -- Periodicals; Dementia -- Periodicals; 362.19683005
• DOI: 10.1177/1471301217752150
• Languages: English
• ISSNs: 1471-3012

Abstract

Background: Individuals with dementia may appear before the courts in different roles. Despite the growing interest in the rights of older persons with dementia, relatively little empirical data exist regarding their actual interactions and experiences in court. Methods: This study used a qualitative, textual analysis methodology. A total of 281 Israeli legal court cases, which addressed issues relating to dementia, were analyzed. Results: Four key themes were found in the legal texts: (1) The legal construction of dementia and its relationships to old age; (2) The importance of procedural justice; (3) The implications and outcomes of the legal process; and (4) The legal implications to the society as a whole. Conclusions: The legal narratives, which surround legal cases that deal with dementia in Israel, reveal an internal tension between stigmatic and anti-stigmatic narratives. This complex reality raises the need for further research and for a clearer judicial policy.