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“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