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The ability to manage one's finances is fundamental to independent living, personal autonomy, and overall well-being, particularly for older adults. However, cognitive decline poses a significant threat to this capacity, with profound emotional and psychosocial ramifications for older adults, their families, and the professionals who support them. While legal frameworks like the Mental Capacity Act 2005 (MCA) in England and Wales aim to address these challenges, this article argues that a therapeutic jurisprudence (TJ) perspective offers a crucial lens for understanding and improving outcomes. Drawing upon existing literature in gerontology, neuropsychology, law, and therapeutic jurisprudence, this article considers the complex interplay between cognitive decline, the legal concept of mental capacity in financial decision-making, and emotional well-being. It critiques the potential limitations of purely cognitive or legalistic approaches and advocates for the integration of TJ principles – focusing on psychological well-being, recognising the proactive role of legal actors, and adopting a systemic perspective – to create more humane, effective, and empowering support systems for older adults facing financial vulnerability due to cognitive decline.
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Nicola; id_orcid 0000-0001-6640-337X Glover-Thomas (2026) studied this question.
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