Your Rights
A dementia diagnosis doesn't take away your rights; learn how U.S. laws protect you at work, in public places, in health care and in long-term care, and where to get help if those rights are ignored.
Last reviewed: October 2026
A diagnosis of dementia does not mean you lose the right to make your own choices. You are still the same person, with the same rights as anyone else. This article explains the main protections in the United States. It's general information, not legal advice; for your own situation, talk with an elder law attorney or a legal aid office.
The right to make your own decisions
Having dementia does not automatically mean you can't make decisions. Capacity is about whether you can understand a specific decision, weigh the choices and communicate what you want, and it can differ from one decision to another. Many people with early dementia can manage their own affairs, sign legal documents and vote.
The best way to protect your choices is to put them in writing while you can:
- Durable power of attorney for finances and a health care proxy name people you trust to act for you if you later can't.
- Advance directives or a living will record the care you do and don't want.
- Supported decision-making agreements, recognized in a growing number of states, let you keep making decisions with help from people you choose, rather than handing decisions over.
Guardianship (called conservatorship in some states) is a court process that can remove a person's decision-making rights. It should be a last resort. Planning ahead usually makes it unnecessary. See Legal Planning and Planning Your Future Care.
At work
The Americans with Disabilities Act (ADA) protects qualified workers with disabilities, which can include dementia, at employers with 15 or more employees. Under the ADA:
- An employer can't fire you, demote you or refuse to hire you just because of a diagnosis.
- You can ask for reasonable accommodations, such as written instructions, a quieter workspace, a modified schedule or different duties, unless they would cause the employer significant difficulty or expense.
- Your medical information must be kept confidential.
You don't have to tell your employer about a diagnosis, but you usually need to disclose it to request accommodations. If you think you've been treated unfairly, you can contact the U.S. Equal Employment Opportunity Commission (EEOC); strict deadlines apply, often 180 days. The Family and Medical Leave Act may also give you, or a family caregiver, unpaid job-protected leave. See Working After a Diagnosis for more on working after a diagnosis.
In public places and services
The ADA also covers stores, restaurants, doctors' offices, hospitals, transportation and state and local government services. You have the right to reasonable changes that help you take part, such as extra time, a quiet space to wait or help filling out forms. You can bring a companion to help you.
In health care
- You have the right to information about your diagnosis and treatment options, explained in a way you can understand.
- You have the right to consent or refuse treatment, or to have your chosen representative do so if you can't.
- Privacy: Federal HIPAA rules protect your medical records. You choose who your doctors may share information with, and you can sign a release so family members can talk with your care team.
- Appeals: If Medicare denies or stops coverage of a service, you have the right to appeal. Medicare.gov explains how.
In nursing homes and assisted living
Residents of nursing homes that take Medicare or Medicaid have federal rights, including the right to be treated with dignity, to take part in care planning, to have visitors, to manage their own money, and to be free from abuse, neglect and unnecessary physical or chemical restraints, such as using antipsychotic drugs just to keep someone quiet (see Antipsychotics and Dementia: Risks). There are also limits on when a facility can discharge a resident.
Every state has a Long-Term Care Ombudsman program, a free, independent advocate for residents of nursing homes and assisted living. Ombudsmen can help resolve problems with care, discharges and residents' rights. Find yours through the National Long-Term Care Ombudsman Resource Center. See Choosing Memory Care or a Nursing Home for more.
Protection from abuse, neglect and exploitation
People with dementia are at higher risk of financial exploitation and abuse. Every state has Adult Protective Services (APS) to investigate reports. If someone is in immediate danger, call 911. Signs to watch for include unexplained bank withdrawals, new "friends" handling money, unpaid bills and fear of a particular person. See Protecting Against Scams.
Disability benefits
If you're under full retirement age and can no longer work, you may qualify for Social Security Disability Insurance. Early-onset Alzheimer's and some other dementias are on Social Security's Compassionate Allowances list, which speeds up decisions. See Young-Onset Dementia and Financial Planning and Paying for Care.
Driving and other everyday rights
A diagnosis alone doesn't automatically take away a driver's license in most states, but rules vary and safety must be reviewed over time. See Driving and Dementia.
Where to get help
- Eldercare Locator: 1-800-677-1116, to find your local Area Agency on Aging, legal help and APS
- EEOC: for workplace discrimination complaints
- Long-Term Care Ombudsman: for problems in nursing homes or assisted living
- Alzheimer's Association 24/7 Helpline: 1-800-272-3900
The bottom line
You keep your rights after a diagnosis. Writing down your wishes early, choosing people you trust and knowing where to turn if your rights are ignored can help you stay in control of your own life for as long as possible.
Sources
- ADA.gov (U.S. Department of Justice): Introduction to the Americans with Disabilities Act
- U.S. Equal Employment Opportunity Commission: Disability Discrimination and Employment Decisions
- Administration for Community Living: Protecting Rights and Preventing Abuse
- National Long-Term Care Ombudsman Resource Center
- Medicare.gov: Appeals
Not medical advice. This article is general information, not a diagnosis or treatment plan for any individual. Talk with a doctor about your situation.
Related articles
- Working After a Diagnosis
- Planning Your Future Care
- Legal Planning
- Living Well with Dementia
- Choosing Memory Care or a Nursing Home
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We may answer common questions in future updates (we won't share your name). We can't give personal medical advice; for urgent help call the Alzheimer's Association Helpline at 800-272-3900.