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Full Description
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.
Contents
Part I: Introduction. 1. Introduction to decision-making capacity. 2. The role of the psychologist in the assessment of capacity. 3. Guiding principles and common pitfalls of capacity assessment. Part II: Case presentations and commentaries. 4. Capacity to consent to medical treatment. 5. Capacity to make decisions regarding welfare (discharge or where to live). 6. Capacity to enter into sexual and marital relations. 7. Capacity to make financial decisions. 8. Capacity to make and revoke a will. 9. Capacity to enter into legal proceedings, litigate, and contract. 10. Competence to stand trial. 11. Integrating culture and diversity in capacity evaluations. Part III. 12. Summary of key learning points.
