Aging of the population and the increasing prevalence of Alzheimer’s disease (AD) and other dementiae pose substantial public health, medical and legal challenges to society. Currently, five million people in the United States have AD and their number will triple in the next three decades. This will confront lawyers with frequent questions about their clients’ competence regarding testamentary capacity, powers of attorney, guardianship, contracts and financial management.
AD is a neurodegenerative disease that is the most common cause of dementia, which is defined as a decline in cognitive function that affects memory, language and executive function. The latter refers to the ability to understand and organize information and plan and initiate productive behavior. Deficits in these abilities are among the earliest symptoms of AD and have direct relevance to decisional competence.
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