How Can I Legally Help a Cognitively Impaired Person Vote?
With the upcoming election, there will be situations where caregivers and family members will need to support the voting rights of someone in their care. This might be someone with Alzheimers or other brain illnesses or disorders.
If you are in the position of assisting a cognitively impaired individual with voting, what are the guidelines for doing so in a supportive and legal way? The American Bar Association and the Penn Memory Center have published a handy guide to familiarize you with the limits of the law while giving you helpful tips for communication: https://www.americanbar.org/content/dam/aba/administrative/law_aging/2020-voting-guide.pdf
Some of the highlights include:
Ask the individual if they would like to vote. If the answer is affirmative, ask if they would like support in registering, ordering, and completing a ballot. Limit your influence to facilitation only. If they choose to vote, their choice of ballot selection should be completely in their control and should not be a subject of discussion. If the ballot remains untouched or unfinished, that is okay. It will either remain undone, or a partial ballot can be submitted.
Medical diagnosis is NOT an obstacle to voting. Mental impairments do NOT disqualify individuals from their right to vote.
If someone struggles with speaking, finding the right words, or has to rely on gestures, there are some techniques that can help you.
First listen, be willing to wait, and then ask again.
Make sure to secure full attention and eye to eye contact.
Find a time that they are not tired and are free from distractions.
Be aware of body language and respond calmly.
Speak slowly and clearly. Give the conversation the time that it needs.
Show respect by speaking at their level and avoid speaking as if they are a child or unable to understand.
Finally, be patient and be willing to repeat until you are sure that you fully understand their wishes.
If you are in a position of a caretaker/custodian, the publication outlines a range of possible scenarios and discusses them, case by case. This thorough treatment provides helpful guidance that you will need.
Whatever your circumstances, the team at Hillsborough Wills & Trusts has the expertise to help you Build Your Circle of Security. Contact us at: