Table Of Content“With A Casebook of Mental Capacity in US Legislation: Assessment and Legal
Commentary, editors Schaefer and Farrer provide a much-needed resource for
practitioners, particularly those practicing in the United States. Schaefer and
Farrer assembled a very impressive group of contributing authors who cover the
assessment of the various decisional and functional capacities via rich vignettes.
A key feature of the book, one that sets it apart from other volumes on this
topic, is the legal commentary that is included in each chapter. Understanding
the legal aspects of capacity assessments strengthens the practitioner’s ability
to arrive at useful conclusions. This book is essential reading for those who
perform or are learning to perform capacity assessments.”
Shane S. Bush, Ph.D., ABPP,
Fellow, American Psychological Association;
Past President, National Academy of Neuropsychology;
Past President, American Board of Geropsychology;
Director, Long Island Neuropsychology, PC;
Neuropsychologist, VA New York Harbor Healthcare System;
Co-editor, APA Handbook of Forensic Neuropsychology,
Forensic Geropsychology, and Geriatric Neuropsychology:
Practice Essentials
“This book deftly weaves together the clinical and legal issues that clinicians
are likely to confront when conducting capacity evaluations. The analysis of
the case studies within each chapter is unique and will provide important
information and guidance for the beginner and expert alike. In my view,
Drs. Schaefer and Farrer have provided an indispensable source for conducting
clinically accurate, ethical, and legally relevant capacity examinations.”
George J. Demakis, Ph.D., ABPP,
Professor, Department of Psychological Science,
University of North Carolina at Charlotte;
Editor, Civil Capacities in Clinical Neuropsychology:
Research Findings and Practical Applications
A Casebook of Mental Capacity
in US Legislation
A Casebook of Mental Capacity in US Legislation: Assessment and Legal Commentary
employs an applied and accessible approach to the assessment of mental
capacity. Through the use of rich vignettes and case examples, the text provides
legal commentary to illustrate state laws and ethical principles from varied
decision-making capacities in distinct settings to fortify its assessment.
The text begins by providing a background about decision-making capacity
as a construct. It also provides practical guidance on capacity assessment
germane to a broad range of clinical settings, including geropsychology, health
psychology, and neuropsychology. It moves on to reviewing decision-making
rights that make up capacity, and provides ethical guidelines while drawing
the practitioner’s attention to the common pitfalls. The case presentations
and legal commentary underline key areas such as the capacity to consent to
medical treatment, make welfare decisions, enter into a sexual relationship,
make financial decisions, create or revoke a will, litigate and contract, and stand
trial. It also includes a chapter focusing on integrating culture and diversity in
capacity evaluations with the aim of increasing the practitioner’s competence.
This casebook will be useful for clinical psychologists in practice, researchers
and students seeking to understand how to perform capacity assessments, as well
as other related healthcare professionals. It is further aimed at legal professionals
to utilize as a reference that details how individual types of capacity are defined
and assessed.
Dr. Lynn A. Schaefer is a fellow of the APA (Division 40) and National
Academy of Neuropsychology and former Chair of the Ethics PIAC
Subcommittee for the Society for Clinical Neuropsychology. Her interests
include remediation of neurobehavioral disorders, educational outreach, and
capacity. She has presented on the latter to both the APA and ABA.
Dr. Thomas J. Farrer is a neuropsychologist and an assistant professor at the
Duke University Medical Center and adjunct faculty at the University of North
Carolina. He has published additional books and articles in neuropsychology
and has research interests in dementia, brain imaging, and traumatic brain
injury.
A Casebook of Mental
Capacity in US Legislation
Assessment and Legal Commentary
Edited by Lynn A. Schaefer and
Thomas J. Farrer
Cover image: © Getty Images
First published 2022
by Routledge
605 Third Avenue, New York, NY 10158
and by Routledge
4 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2022 selection and editorial matter, Lynn A. Schaefer and Thomas J.
Farrer; individual chapters, the contributors
The right of Lynn A. Schaefer and Thomas J. Farrer to be identified as the
authors of the editorial material, and of the authors for their individual
chapters, has been asserted in accordance with sections 77 and 78 of the
Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or
utilised in any form or by any electronic, mechanical, or other means, now
known or hereafter invented, including photocopying and recording, or in
any information storage or retrieval system, without permission in writing
from the publishers.
Trademark notice: Product or corporate names may be trademarks or
registered trademarks, and are used only for identification and explanation
without intent to infringe.
Library of Congress Cataloging-in-Publication Data
A catalog record for this book has been requested
ISBN: 978-0-367-68489-1 (hbk)
ISBN: 978-0-367-68487-7 (pbk)
ISBN: 978-1-003-13777-1 (ebk)
DOI: 10.4324/9781003137771
Typeset in Bembo
by Apex CoVantage, LLC
To my husband, Marc, for all of his love and support.
To our children, Elizabeth and William, who inspire
me and make me proud.—LAS
To my wife, Loralee, who provides constant love and
support.
To our two daughters, Evelyn and Vivian, who always
push me to improve.—TJF
Contents
List of Contributors xi
List of Commentators xiii
Foreword—A Casebook of Mental Capacity in the US
Legislation: Assessment and Legal Commentary xiv
Preface and Acknowledgments xvi
PART I
Introduction 1
1 Introduction to Decision-Making Capacity 3
2 The Role of the Psychologist in the Assessment of Capacity 12
3 Guiding Principles and Common Pitfalls of Capacity Assessment 24
PART II
Case Presentations and Commentaries 39
4 Capacity to Make Medical Decisions 41
5 Capacity to Make Decisions Regarding Welfare (Discharge
or Where to Live) 55
6 Capacity to Enter into Sexual and Marital Relations 75
7 Capacity to Make Financial Decisions 88
8 Capacity to Make and Revoke a Will 106
9 Capacity to Enter into Legal Proceedings, Litigate, and Contract 131
10 Competence to Stand Trial 146
11 Integrating Culture and Diversity in Capacity Evaluations 172
