Mental impairment in the elderly: medical-legal assessment

As life expectancy has lengthened, research has been increasingly directed toward improving the quality of life in old age. Social agencies work in the field of socioeconomic factors, and medical research seeks the causes and remedies for mental deterioration. It is time to review the legal status of the mentally impaired elderly and to ensure that our lawmakers are cognizant of the changing situation. Before any characterization of mental capacity is made, a comprehensive investigation should be carried out to make sure that no potentially correctable physical disorder underlies perceived mental disabilities. In the past, the law has taken a global view of mental capacity. A person was adjudged either competent for all purposes or incompetent on a similar universal basis. A system is suggested to change this outdated approach and to assess separately the divisible components of mental capability. This would permit the courts to delineate their judgments and allow persons with partial mental incapacities to live a fuller life than if they had been declared totally incompetent.