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What is the legal status of the Dementia Directive? Are there special considerations?

As this is a new directive, no New York law or court has considered it, and judicial review is anticipated. Until this occurs, there are some unique considerations when completing this form. An important consideration pertains to long-term care. As dementia becomes advanced, placement in a long-term care facility (such as a nursing home), often becomes necessary. If such placement occurs, it is important that patients and families explore whether the long-term care facility will honor the dementia directive before entering the facility. The facility may be unfamiliar with the form, and so education may be needed.

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