The Gazette 1982

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INCORPORATED LAW SOCIETY OF IRELAND
Vol. 76. No. 9 November 1982
In this issue . . .
Comment 195
Narrow Victory for Visiting
Lawyers 199
Executive Editor: Mary Buckley
Editorial Board: Charles R.M. Meredith, Chairman
John F. Buckley
Gary Byrne
William Earley
Michael V. O'Mahony
Maxwell Sweeney
Advertising: Liam Ó hOisin, Telephone 305236
The views expressed in this publication, save where
otherwise indicated, are the views of the contributors
and not necessarily the views of the Council of the
Society.
Published at Blackhall Place, Dublin 7.
Comment . . .
. . . competence to instruct
HARD on the heels of the Law Society's "Make a
Will Week", it may be instructive to refer to an
article which appeared in the Journal of the Irish
Medical Association as long ago as October 31st,
1978, entitled "Mental Impairment in the Elderly".
The article describes in considerable statistical and
analytical detail a study of 502 patients admitted to
the North Dublin Geriatric Service between July and
October 1976 and which produced what, to lawyers
as much as to the medical profession, can only be
regarded as very worrying findings.
Out of the total number of patients assessed, 44.8%
were found to have mental impairment on admission.
Of these mentally impaired patients, 37.7% recovered
during treatment to a "normal" mental condition for
their age. Most significantly, however, persistent
mental impairment — which the authors refer to as
"Chronic Brain Failure" — was diagnosed in nearly
28% of all patients and was more common amongst
females — 20% amongst males and 31.6% among
females.
Even without considering in close detail the
authors' analysis and discussion of their study, the
implications for the lawyer are abundantly clear;
although it would be unfair to suggest that something
like 20% of our elderly male clients and 30% of our
elderly female clients are suffering "Chronic Brain
Failure" and are thus incapable of giving us valid
instructions, it is plain that a higher proportion of the
elderly than was previously realised may well be
suffering from sufficiently diminished mental
capacity as to give cause for real concern.
This brings home only too plainly not only the
necessity to assess as carefully as possible the mental
condition of all elderly clients, when taking their
instructions, but also the inherent difficulties which
must face the solicitor in attempting such an
assessment. Short of applying the same tests as those
used by the authors of the article, and over an
equivalent period, how is "Chronic Brain Failure" —
or even temporary mental impairment — to be
recognised?
At present it would seem impossible to do little
more than counsel caution, when taking instructions
from elderly clients. Look for irrationalities in what the
(Continued on p. 199)
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