Forgotten Wishes: End-of-Life Documents for Trans People with Dementia at the Margins of Legal Change. Issue 2 (4th August 2020)

• Record Type: Journal Article
• Authors: Baril, Alexandre; Silverman, Marjorie; Gauthier, Marie-Claire; Lévesque, Maude
• Editors: Singer, Samuel; Katri, Ido
• Is Part Of: Canadian journal of law and society. Volume 35:Issue 2(2020)
• Page Start: 367
• Page End: 390
• Publication Date: 2020-08-04
• Subjects: Trans and nonbinary people, -- end-of-life planning and documents, -- cisgenderism/transphobia, -- ableism/cogniticism, -- ageism, -- epistemic injustices; Personnes trans et non binaires, -- démence, -- planification de fin de vie, -- cisgenrisme/transphobie, -- capacitisme/cogniticisme, -- âgisme, -- injustices épistémiques; Sociological jurisprudence -- Periodicals; Law -- Canada -- Periodicals; 340.11505
• DOI: 10.1017/cls.2020.13
• Languages: English
• ISSNs: 1744-9324

Abstract

Abstract: Literature on the topic of trans older adults has documented a few anecdotal cases in which some trans people living with dementia forgot they transitioned and reidentified with their sex assigned at birth ("detransition"). Trans communities and their allies have encouraged trans people to engage in end-of-life planning, including the preparation of legal documents that state their wishes regarding gender identity and expression in the event of "incapacity" caused by dementia. While useful, we contend that end-of-life planning is often implicitly based on cisnormative and cognonormative (normative system based on cognitive abilities) assumptions. Such planning is founded on a stable notion of gender identity throughout the life course ("post-transition") and assumes that the pre-dementia self is better equipped to make decisions than the "demented" self. We conclude by encouraging, based on an intersectional, trans-affirmative, crip-positive, and age-positive approach, respect for the agency of trans people with dementia.