ABILITY TO GIVE INFORMED CONSENT IN THE E LDERLY

In the treatment of elderly patients the question often arises whether they are able to give an informed consent to medical operations. Acco rding to German jurisdiction the patient must be able to comprehend th e kind, the aim and the consequences of the projected surgical operati on as well as to declare his will. If this is not the case, he cannot give an informed consent, being ''under disability'' and in Germany a guardian has to be installed by the court. E.g., moderately demented o r delirious patients are unable to give an informed consent to medical operations. A discussion on this topic is under way, as to whether a patient has the right to give an informed consent in advance in case o f becoming unable to declare his will (in dementia etc.).