This article’s abstract addresses legal issues related to the mental capacity of elderly individuals with dementia to enter into marriage. It discusses these matters using a specific case example. Here is a summary of the article: 

The article begins by highlighting the rising prevalence of dementia among the elderly in Taiwan’s aging society, leading to controversies surrounding the recognition of the true intentions of these seniors. It delves into the challenges of determining the mental capacity of dementia patients during marriage registration, both from a medical and legal perspective. The focus is on how regulatory authorities can supervise care facilities, provide appropriate placement services, and safeguard the autonomy rights of elderly individuals with dementia. 

Next, the article references a specific case involving a dementia patient placed under assistance, discussing the court’s judgment on the marriage entered into by the individual and examining the related court rulings. In this case, the plaintiff, declared as a person under assistance due to mental health issues, entered into marriage while under assistance, leading to the court ultimately declaring the marriage invalid. 

The article presents three contentious issues: how local authorities should supervise care facilities to ensure proper protection and placement services for dementia patients; how to assess the “capacity for expressing intention” in practical terms when elderly individuals with dementia marry; and whether dementia patients under assistance possess the capacity to marry. 

The subsequent analysis of the case explores the prioritization of home care or appropriate placement after medical evaluation for the protection and placement of dementia patients. It also raises concerns about the court’s judgment, questioning the reasonableness of medical assessment reports and whether the court adequately considered the dignity and autonomy rights of the elderly with dementia. 

Regarding the practical assessment of the “capacity for expressing intention” in dementia patients’ marriages, the article suggests a comprehensive consideration of the various manifestations of dementia and emphasizes a more thorough examination of the patients condition during medical assessments. 

In addressing the legal effectiveness of marriages involving dementia patients under assistance, the article underscores that individuals under assistance should possess the capacity to marry and not just for specific financial transactions requiring the consent of a helper. The court should consider whether normalcy has been restored, and the capacity for marriage has been regained. 

In conclusion, this article provides a detailed discussion of the legal issues surrounding the marriage of elderly individuals with dementia, offering in-depth analysis through a specific case example and relevant controversies. It proposes recommendations for protecting the rights of dementia patients while also highlighting issues that the court should be more attentive to during judgments.