Episode 58: Do You Need A Sexual Power of Attorney?

sexual power of attorney

This episode is a tough one. Fascinating, and intriguing, but tough.

As we know, age often comes with some health problems. And it is common to have changes in your mental ability. In a lifetime, one in three people will have some type of dementia. And by the time you reach age 80, your chances of having Alzheimer’s is about about 50%. This means that it is very likely for at least one spouse in an older couple to have cognitive decline.

In this episode, Devin and John discuss a famous case where a husband was charged with felony rape of his wife, who had Alzheimer’s disease. It’s a disturbing case, and it raises a lot of important questions about sexual relations between older spouses. Can your spouse give full consent to sexual activity if they have diminished memory and understanding? Where in the cognitive decline are they no longer able to give coent?ns

There’s not a lot of precedent for this type of situation, and there aren’t black and white answers. So, what does this mean for you? How do you plan for something like this?

John suggests that giving someone specific permission to do a specific thing is a power of attorney, so why couldn’t you have a sexual power of attorney? What would that look like, and would it stand up in court?

It’s hard to think about these things, but it’s important.  What do you think?

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