038 – FAQs On “Incompetence” & Losing Decision Capacity

In This Episode:

Dr. K addresses frequently asked questions about older adults and decisional capacity. She also provides practical advice on what you can do if you’re concerned that an older person is making “bad” decisions. She covers:

• What does the term “capacity” mean when it comes to decision-making?
• What is the difference between incapacity and incompetence?
• How is capacity determined?
• Does capacity have to be determined by legal professionals? Is it a “legal decision” whether someone has capacity?
• Do I have to have a legal or clinical determination of incapacity for a specific decision before I override the decision of an older person with dementia?
• Do I need a legal or clinical determination of incapacity before I take the car keys away from an older parent who has dementia and is an unsafe driver?
• Is neuropsychological testing required to assess capacity?
• What to do if you’re worried about an older person’s capacity, or actions

Related episodes:

013 – Interview: Solving Hard Problems in Helping Aging Parents
037 – Interview: Using Powers of Attorney to Help Older Adults

Related Resources:

• Incompetence & Losing Capacity: Answers to 7 FAQs
• American Bar Association Ten Legal Tips for Caregivers
• Assessment of Capacity in Older Adults (American Bar Association/American Psychological Association)
• Respect for Autonomy (Alzheimer’s Association)
• Driving and Dementia (Alzheimer’s Association)