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 and discusses how psychologists determine capacity, including practical guidance on assessment. It moves on to reviewing the decision-making rights in the United States, and provides ethical guidelines along with 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, make or revoke a will, litigate and make a contract, and stand a trial. It also includes a chapter focusing on integrating culture and diversity to capacity evaluations with the aim of increasing the practitioner's competence.

This casebook will be useful for clinical neuropsychologists in practice, researchers and students looking to understand how to perform capacity assessments, as well as other related healthcare professionals. It is further aimed at legal professionals who are seeking to understand how individual types of capacity are defined and assessed.

"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