Problems of Forensic Sciences 2006 Vol. 67 (LXVII) 301-306
THE RISK OF ABUSES IN LEGAL ACTIONS AND PROCEEDINGS TOWARDS PATIENTS WITH COGNITIVE DISORDERS THAT HAVE NOT BEEN PROPERLY DIAGNOSED
Piotr KOWALSKI1, Elżbieta SKUPIEŃ2, Małgorzata KOWALSKA3
1Faculty and Department of Forensic Medicine, Collegium Medicum, Jagiellonian University, Krakow, Poland
2Institute of Forensic Research, Krakow, Poland
3Psychiatric Clinic for Adults, University Hospital, Collegium Medicum, Jagiellonian University, Krakow, Poland
Streszczenie
Deliberations concerning the psychological condition of a person in terms of ability to execute legal actions or participate in legal proceedings focus around diseases being treated by a psychiatrist, especially when the behaviour and statements of the person are a cause for concern because of their uncommonness and non-typicalness. Progressive dementia is a disturbance of functioning of the central nervous system that is often not observed by close relatives. Neither is it taken into account by persons executing legal actions – prosecutors, barristers, judges, notaries and bank clerks. Meanwhile, the ability to participate in legal proceedings or execute legal actions is undoubtedly determined by maintained efficiency of cognitive processes. In the present paper, results of examination with the Mini-Mental screening test carried out at the Faculty of Forensic Medicine, Jagiellonian University, where ability to execute legal actions and participate in legal proceedings was assessed. This group was chosen on the basis of diagnosed, widely understood, brain damage, and/or on the basis of an interview suggesting development of dementia, in cases where medical documentation included in case files did not suggest a deterioration of cognitive processes. The examined group consisted of 30 persons. 18 of them were assessed to be able to participate in civil or criminal cases, 4 – able to serve a sentence, and 8 - able to execute legal actions and be employed. The age range of the examined persons was between forty seven and eighty two years of age. Analysis of conducted examinations in the context defined in the court ruling indicates that slight, or even average dementia, is not perceived as a factor influencing ability to execute legal actions and participate in legal proceedings, which may result in abuse of persons suffering from this disturbance, and being the subject of legal proceedings.
Słowa kluczowe
Declaration of will; Disturbance of cognitive processes; Dementia; Mini-Mental Test.