Geriatric Forensic Psychiatry

The number of Americans age 65 and older is expected to increase to 95 million by 2060. Geriatric forensic psychiatry addresses medicolegal concerns relevant to older adults. Testamentary capacity, a person’s ability to make and execute a will, has four criteria. The person must understand: (1) the nature and extent of their property, (2) the natural objects of their bounty, (3) how the will would dispose of their property, and (4) the rational plan as to the disposition of their property. Guardianship is the legal mechanism that gives an individual (the guardian) the power and responsibility to manage the property and person of another individual (the ward) who cannot manage their own affairs. It involves a court proceeding in which the petitioner must prove by at least clear and convincing evidence that the proposed ward is unable to care for themselves. Forensic evaluators can provide valuable assistance and guidance to courts in these types of cases by describing the nature and course of mental or cognitive disorders and explaining how these illnesses affect the evaluee’s functional abilities.