Civil Capacities in Clinical Neuropsychology: Research Findings and Practical Applications

353 Pages·2012·1.502 MB·English

by  George J. Demakis

Civil Capacities in Clinical Neuropsychology
National Academy of Neuropsychology Series in Evidence-Based Practices
SERIES EDITOR
L. Stephen Miller
SERIES CONSULTING EDITORS
Glenn J. Larrabee
Martin L. Rohling
Civil Capacities in Clinical Neuropsychology: Research Findings and Practical
Applications
Edited by George J. Demakis
Civil Capacities in Clinical
Neuropsychology
Research Findings and Practical Applications
E G J. D
DITED BY EORGE EMAKIS
1
1

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T o my parents,
W hose love of learning— i ncluding two dictionaries (one in English and one in
Greek) within easy reach of the dinner table — inspired this book.
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Contents
Preface to the National Academy of Neuropsychology
Series on Evidence-Based Practices ix
Preface to the First Volume in the National Academy of Neuropsychology
Series on Evidence-Based Practices Civil Capacities in Clinical Neuropsychology:
Research Findings and Practical Applications xi
Acknowledgments xiii
Contributors xv
PART I: Background Issues
1. Introduction to Basic Issues in Civil Capacities 3
George J. Demakis
2. Legal Perspectives on Civil Capacity and Competence 17
Elissa A. Kolva and Barry Rosenfeld
PART II: Civil Capacities and Guardianship
3. Financial Capacity 39
Daniel C. Marson, Kristen Triebel, and Amy Knight
4. Healthcare Decision-Making Capacity 69
Barton W. Palmer, Gauri N. Savla, and Alexandrea L. Harmell
5. Testamentary Capacity 95
Carmelle Peisah and Kenneth I. Shulman
6. Driving Capacity 121
Penny L. Wolfe and Jessica A. Clark
7. Personal Care and Independence 139
D. Erik Everhart, Katie A. Lehockey, Alicia M. Moran,
and Jonathan M. Highsmith
8. Adult Guardianship 163
George J. Demakis
viii Contents
PART III: Applications
9. Assessment of Civil Capacities: An Evaluative Framework
and Practical Recommendations 185
Stacey Wood and Meryl O’Bryan
10. Civil Capacity Instruments: Research Trends and Recommendations
for Future Research 206
Karen A. Sullivan
11. Other Aspects of Data Collection in Capacity Evaluations 228
Robert Ruchinskas
12. Forensic Report Writing and Testimony in Capacity Evaluations 242
Patricia A. Zapf and Gianni Pirelli
13. Ethical Issues in Capacity and Competency Evaluations 264
Paul J. Moberg and Sanjay Shah
PART IV: Conclusions
14. A Legal Consumer’s Perspective on Competency Evaluations 293
Frederick R. Benson and M. Joanne Romano
15. Looking Ahead: Directions for Future Research in Civil Capacities 310
George J. Demakis
Index 317
Preface to the National Academy of Neuropsychology
Series on Evidence- B ased Practices
Th e fi eld of Clinical Neuropsychology has advanced extensively and successfully
in the worlds of psychology and neurology by following two major tenets. Th e
fi rst has been the constant focus on exploring and understanding the complex and
intricate relationship between observed behavioral function and brain structure
(and of course changes to that structure). From early observation of the relation-
ship between injury and behavior to today’s combination of psychometric testing,
cognitive neuroscience, and functional neuroimaging techniques, this focus has
served the fi eld extremely well. Th e second has been the rigorous adherence to
careful, replicable scientifi c principles of questioning and theorizing, data collec-
tion, and use of sophisticated statistical analysis in testing, evaluating, and inter-
preting information about brain/behavior relationships. It is in the spirit of this
strong foundation of empirical evidence aimed at improving the quality of
informed clinical decision making that the National Academy of Neuropsycho-
logy (NAN) Series on Evidenced-Based Practices developed and came to fruition.
For a long time, members of the neuropsychology community, and in particu-
lar the membership of the National Academy of Neuropsychology, have voiced a
desire to have available to them thorough and accurate resources that are directly
applicable to the everyday needs and demands of clinical neuropsychology, and
that are presented in a meaningful and accessible way, off ering the latest knowl-
edge based on the most recent and rigorous scientifi c evidence within the fi eld.
Th e NAN Series on Evidence-Based Practices is meant to provide just such a series
of resources.
At its formation, it was important to fi rst identify an excellent publisher with a
history of publishing signifi cant psychological and scientifi c volumes who would
share this vision and provide signifi cant support for a quality product. Aft er
lengthy research and discussions with multiple publishers, the venerable Oxford
University Press (OUP), one of the most renowned and respected publishing
companies in existence, was selected by the NAN Board of Directors. For their
part, OUP has committed to the long-term development and support of the NAN
Series and, as can be seen in the pages herein, has spared no eff ort or expense to
provide the fi nest quality venue for the success of the Series.