Forensic Neuropsychological Aspects of Competency Evaluations: Financial and Legal Competency in Older Adults

AbstractClinical assessment of mental competence and capacity in older adults, particularly the capacity to manage one ’s financial and legal matters, is an issue of increasing significance within the context of an aging baby boomer population. Together with escalating demands on caregivers, hospitals, and facilities caring for people experiencing cognitive decline, dementia, brain injury and chronic illnesses, an d with the increased longevity, changing demographics and societal pressures have triggered debates regarding decisions surrounding wealth transfer via wills and estate planning. Furthermore, these changes parallel the growth of court challenges to legal and medical competence findings, with an enha nced emphasis on ethical and responsible professional practices. With evolving social and economic perspectives on retirement, older adults, from “blue collar” to professional status, now remain longer in employment markets. Thus, we anticipate a higher prevalence of cognitive and associated fun ctional disability both in the workforce and in the general population. In this context, concern emerges regarding vulnerability of persons with cognitive decline to exploitation. With escalating demands for competency assessments, a lack of clear evidence-based guidelines for these evaluations has the potential for significant harm to older adults, their families, and the public. Thus, we define competency and review its relationship with financial and legal capacity and d...
Source: Psychological Injury and Law - Category: Medical Law Source Type: research