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Long-term care providers often face the challenging task of balancing an older resident’s rights to autonomy and privacy regarding participation in sexual activity with their duty to protect all residents. When an older adult has some degree of cognitive impairment, the assessment of sexual consent capacity becomes even more challenging. In response, a comprehensive, objective, and interdisciplinary approach to assessment, that includes knowledge, reasoning, and voluntariness, is recommended. An understanding of individual state’s case laws is also important. Some unique aspects of sexual consent capacity, aside from medical and financial consent capacity, are also identified.

Sexual Consent Capacity Among Older Adults in Long Term Care: An Approach to Assessment