The Gazette 1982

INCORPORATED LAW SOCIETY OF IRELAND

November 1982

Vol. 76. No. 9

Comment . . . . . . competence to instruct H ARD 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) 195

In this issue . . . Comment

195

"Hedley Byrne" marches on

197

Practice Note

199

Value Added Tax

199

Narrow Victory for Visiting Lawyers

199

Solicitors' Golfing Society

199

Interest and the Courts Act Small Law Firms Dos & Don'ts for acquiring a Computer

201

205 210

Book Review

Correspondence

212

21 3

Retirements from the Council

Professional Information

214

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.

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