Confusion Over Money is a Warning Sign of Alzheimer’s

Arthur Packel was an attorney, and his wife cared for their home and family. One day, the homeowner’s association called requesting their fees. After looking into it, Mrs. Packel discovered that Arthur had stopped paying the homeowner’s association and their creditors, and that most of their money had just disappeared. Arthur was in the beginning stages of Alzheimer’s.

According to Daniel Marson, a neuropsychologist at the University of Alabama, confusion over money is the most predictable functional change that occurs as dementia sets in. For lawyers, the main issue is when a client loses capacity to execute a will or other document. A lawyer’s first duty is to his client. But when a forgetful, suspicious, and embarrassed client doesn’t want his lawyer to discuss impending dementia with his family, the lawyer is prohibited from doing so. Robert Grant, an attorney in California, described the complexities of the common situation:

…[A] lawyer has to make an independent determination that the client is competent. If the lawyer determines the client is incompetent but the client insists on executing a document, the rules say the lawyer should withdraw representation. However, Mr. Grant said, “one can question whether withdrawal from representation of an incompetent client is actually in the client’s best interest.”

Gina Kolata, Money Woes Can be Early Clue to Alzheimer’s, N.Y. Times, Oct. 30, 2010 (quoting attorney Robert Grant).

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this to my attention.