With all the attention on politics and Joe Biden dropping out of the presidential race, the issue of “age” and one's “mental capacity” is taking center stage. When is old too old?

Ageism

It should be made clear that age itself is not a disability, nor the cause of diminished cognition. There are many people well into their 80s and 90's who are perfectly competent and clear thinking, even though physically they are not as spray as they used to be. Loss of short term memory and general confusion that many people attribute to “old age” is, in fact, a manifestation of an underlying condition (for instance dementia or a stroke), not a symptom of old age. Regarding age alone as a debilitating condition is an insidious form of ageism that has the potential of impacting us all if we are fortunate to live long enough.

We Are All Presumed Competent

In the eyes of the law, we are all presumed to be competent once we turn 18. The only way to change that is by way of a court Order based on clear and convincing medical proofs that a person is no longer able or fit to manage their own affairs. In New Jersey, this legal action is called filing for guardianship. Thes medical proofs (Certifications from two doctors) must identify an underlying medical condition that renders the person unfit and unable to manage their own affairs. Again, age alone cannot prove a case of incapacity.

With Age Comes Wisdom

Not only is age alone not a proper basis for declaring someone incapacitated, but with age comes wisdom and a perspective on life that escapes younger people. Whether someone is too old for a particular activity or job is an issue that needs to be considered on a case-by-case basis, but in no case is it fair or lawful to suggest someone is incompetent to perform a job due to age alone. That is discriminatory and contrary to the values upon which our country was founded.