09 September 2013
"Diminished Capacity" for Lawyers
Assessment of Older Adults with Diminished Capacity: A Handbook for Lawyers
With the coming demographic avalanche of Boomers reaching their 60s and the over-80 population swelling, lawyers face a growing challenge: older clients with problems in decision-making capacity.
16 key questions...
1. What are legal standards of diminished capacity?
2. What are clinical models of capacity?
3. What signs of diminished capacity should a lawyer be observing?
4. What mitigating factors should a lawyer take into account?
5. What legal elements should a lawyer consider?
6. What factors from ethical rules should a lawyer consider?
7. How might a lawyer categorize judgments about client capacity?
8. Should a lawyer use formal clinical assessment instruments?
9. What techniques can lawyers use to enhance client capacity?
10. What are the pros and cons of seeking an opinion of a clinician?
11. What if the client’s ability to consent to a referral is unclear?
12. What are the benefits for the lawyer of a private consultation with a clinician?
13. How can a lawyer identify an appropriate clinician to make a capacity assessment?
14. What information should a lawyer provide to a clinician in making a referral?
15. What information should the lawyer look for in an assessment report?
16. How does a clinical capacity evaluation relate to the lawyer’s judgment of capacity?