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Related Experiment Video

Updated: May 31, 2026

Lexical Decision Task for Studying Written Word Recognition in Adults with and without Dementia or Mild Cognitive Impairment
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Dementia and legal competency.

Pavo Filaković1, Anamarija Petek Erić, Mate Mihanović

  • 1"J. J. Strossmayer" University School of Medicine, Psychiatric Clinic, Osijek, Croatia. filakovic.pavo@kbo.hr

Collegium Antropologicum
|July 16, 2011
PubMed
Summary

Legal capacity in individuals with dementia is assessed based on specific abilities, not a simple capable/incapable binary. This ensures protection of rights while allowing for partial annulment of legal capacity when necessary.

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Area of Science:

  • Legal Medicine
  • Geriatrics
  • Neuroscience

Background:

  • Legal competency, the ability to manage personal affairs and exercise rights, is typically acquired at the age of majority.
  • Annulment of legal capacity requires a legal process and may be partially or fully revoked.
  • The increasing prevalence of dementia necessitates expert legal evaluation of affected individuals' capacity.

Purpose of the Study:

  • To explore the nuanced assessment of legal capacity in persons with dementia.
  • To emphasize the importance of protecting civil rights for individuals with mental illnesses.
  • To advocate for a graded approach to legal capacity determination over a dualistic model.

Main Methods:

  • Focus on a graduated assessment of specific legal competency aspects rather than a binary capable/incapable determination.
  • Physicians describe early dementia symptoms impacting legal capacity (memory, executive function, language, perception, mood, behavior, personality).
  • Utilization of psychometric tests guided by the question: 'For what is or is not he/she capable?'

Main Results:

  • The primary assumption is that individuals with dementia retain legal capacity unless specific aspects are annulled through legal procedures for their protection.
  • Partial annulment of legal capacity is applied when at least one aspect of legal capability is preserved (e.g., financial decisions, contracts, marriage, voting).
  • Physicians' precise descriptions of dementia symptoms and psychometric tests aid in accurate legal capacity assessment.

Conclusions:

  • Legal capacity assessment for persons with dementia should be individualized and aspect-specific.
  • Partial annulment of legal capacity, primarily for the patient's benefit, respects their remaining abilities.
  • Modern diagnostics can assist potentially demented individuals in planning affairs and appointing guardians, ensuring rights protection.
  • Distinguishing between the universal medical concept and the nationally restricted judicial concept of legal capacity is crucial.