Dementia, Mild Cognitive Disorders and Competence forLegal Transactions

Overview

Among mental disorders on an organic background which most frequently lead to problems ofcompetence for legal transactions is the syndrome of dementia. The latter is characterized inaddition to cognitive disorders also by other symptoms in particular in the sphere of volition,emotivity and personality. Manifestations of volition are the characteristic of a legal transaction.Dementia is characterized in particular by psychiatric and psychological examination. Diagnosticdoubts may arise if incipient dementia is involved. Psychological tests lack standards for advan-ced age groups where the achieved performances are inadequately overestimated. When evalua-ting the competence for legal transactions it is important to consider in addition to the extent ofdementia also associated serious somatic diseases which weaken the mental efficiency. Based onexamples of an expert opinion, the authors draw attention to the incorrect view that for acknow-ledging the validity of legal transaction the only criterion is a state of consciousness.

Key words:
dementia, cognitive disorders, competence for legal transactions, psychological tests,