Legal capacity and legal aid | Legal aid centre

Questioner

Grandma, 98, is starting to develop dementia, still lives independently, but this is becoming increasingly difficult. Who decides whether Grandma is still mentally competent in relation to attempts to place Grandma in a suitable environment? The GP does not feel called upon

Lawyer

Incapacity to make decisions has to do with the patient's decision-making capacity. There is no general condition, test or guideline for determining capacity. This also depends on the nature of the decision in question. If you are incapacitated with regard to a certain subject, this does not mean that this is the case in all respects. If someone can no longer make decisions about his or her financial affairs, the subdistrict court judge can take a protective measure (apply for guardianship). If someone is no longer able to make decisions about personal care and nursing, the subdistrict court judge can establish guardianship.