Problem: Contracts and other legally binding documents are almost always enforceable, and it takes a very specific set of facts to void them. To complicate matters even further, a person suffering from Alzheimer's may have moments of clarity when she would be judged capable of entering into a legal contract. Physicians, unless close to the patient, may not see signs of financial abuse, and the patient may not talk about it or even recognize that he or she is being deceived. A patient who complains of decreased or no funds or who is accompanied by an overly protective caregiver who refuses to allow the patient to speak for him- or herself may be an indication of a problem.
Please discuss definition of lack of mental capacity/incompetence to enter into a contract and what type of policies and safeguards should be implemented to safeguard the vulnerable from financial abuse.