Legal aspects in dementia

Purpose of review The authors review the latest publications that deal with the legal aspects of dementia. The paper is mainly focused on competence assessment to give consent for medical treatment and for participating in research. Special attention is paid to the analysis of the elements that influence the decision to participate in research, particularly in decisions made by the caregiver when the patient is unable to consent. The indications of genetic testing, from an ethical point of view, are analysed. Recent findings The two major areas of research in the legal aspects of dementia are competence assessment and the ethical and legal implications of genetic testing. A significant number of research studies has appeared recently relating to the process of consenting to medical treatment and participating in research protocols. Summary Two different perspectives in competence assessment have been found: psychometric and functionalistic. In research and clinical practice a distinction has to be made between the moral and scientific problem. Elements of both are necessary, but one should not overlap the other.