Estate Planning

Pseudodementia

By Hull & Hull LLP

Pseudodementia is a dementia syndrome which resembles dementia, but is actually the result of an underlying psychiatric disorder, most often depression. While the presentation of pseudodementia in the elderly varies widely, it closely mimics dementia in that common symptoms include:

... poor attention and concentration;
... a reduction in speed of cognitive response;
... compromised problem-solving and decision-making; and
... impaired immediate recall.

The two identifying hallmarks of pseudodementia are: i) there is no known neurological condition to otherwise explain the symptoms and ii) the cognitive deficits show considerable improvement, or even reverse, when the psychiatric illness is treated.

The concept of pseudodementia is a controversial one, in that it is considered a ‘soft diagnosis', as there are no explicit diagnostic criteria; a physician's checklist, if you will. There is no validated test, or group of tests to differentiate depression-related cognitive dysfunction from degenerative conditions such as Alzheimer's Disease. Compounding the confusion surrounding pseudodementia is the fact that depression is frequent in patients with irreversible dementia. As a result, pseudodementia is often misdiagnosed as simply ‘true' dementia.

In the context of estates litigation, a diagnosis of pseudodementia has the potential to significantly change the landscape of a capacity challenge. As an example, an article in the Bulletin of the American Academy of Psychiatry and the Law describes a nearly successful attempt to defraud a patient of their estate during her ‘presumed' dementia, when in fact, she suffered from pseudodementia from which she later made a dramatic recovery.

Jennifer Hartman, Guest Blogger
 

Full post as published by Toronto Estate Law Blog on January 04, 2010 (boomark / email).