Can someone with dementia go to court?
John Thompson
Published Feb 24, 2026
People with dementia cannot give any instructions to their court-appointed lawyers. Those lawyers will not be able to put forward fact-specific defences – such as an alibi – without information from the defendant.
Can someone with Alzheimers go to jail?
No one knows how often disoriented seniors wind up in jail, but Alzheimer’s advocates, experts on aging and law enforcement officials coast to coast report a small but rising flow of cases. “It’s a terrible situation, but there’s got to be no place worse for an Alzheimer’s patient than a jail.
Can a person with dementia apply for a solicitor?
The court may also be able to help you with your application forms, although they are unable to provide legal advice. Alternatively, you can ask a solicitor to make an application on your behalf. The cost of using a solicitor will usually be paid using the person’s money, although you will need the court’s permission to do this.
Can a spouse of an Alzheimer’s patient file for divorce?
Since Illinois is a no-fault divorce state, a spouse only has to cite irreconcilable differences as a reason for ending their marriage. Therefore, the spouse of an Alzheimer’s patient can legally file for divorce without needing to demonstrate a reason for doing so.
Where can I find an attorney for the Alzheimer’s Association?
Use the Alzheimer’s Association Community Resource Finder to find legal experts in your area. Use the online directory of the National Academy of Elder Law Attorneys. Visit the Eldercare Locator online or call 800.677.1116. Visit LawHelp.org to learn about free or reduced cost legal aid programs in your community.
Can a person with dementia take part in legal planning?
As long as the person with dementia has legal capacity (the ability to understand and appreciate the consequences of his or her actions) he or she should take part in legal planning.