[Willingness to give informed consent in elderly demented and confused (delirious) patients]

In the treatment of elderly patients the question often arises whether they are able to give an informed consent to medical operations. According to German jurisdiction the patient must be able to comprehend the kind, the aim and the consequences of the projected surgical operation as well as to declare his will. If this is not the case, he cannot give an informed consent, being "under disability" and in Germany a guardian has to be installed by the court. E.g., moderately demented or delirious patients are unable to give an informed consent to medical operations. A discussion on this topic is under way, as to whether a patient has the right to give an informed consent in advance in case of becoming unable to declare his will (in dementia etc.).