Psychological Evaluations to Assess Civil Competency
If an individual is elderly, presents with intellectual and/or cognitive deficits, has a history of serious psychiatric illness, or has recently had a head injury, there may be a question regarding whether s/he is competent to manage their own affairs.
Psychologists are able to evaluate a person’s cognitive functioning, memory capacity and reasoning ability. These factors are important in determining whether an individual is competent to execute a will, a medical directive relating to long term care, the assignment of a power of attorney, to make other important legal decisions, or to manage their own medical treatment. This may also be a factor in divorce settlements, both in terms of understanding the settlement agreement, and in terms of a person’s capacity to take care of themselves after the divorce. It may also affect employability, which can determine distribution of assets following divorce. For individuals obviously in mental decline, the role of the psychologist is to determine whether it is appropriate to appoint a guardian to manage the person’s financial affairs and to make medical decisions regarding long term care.
A Psychological evaluation begins with a review of the person’s medical and psychological records and history, with information being supplied by family members as well as the individual being evaluated. Following the record review, the individual is seen for a clinical interview, which includes several measures of orientation, short term memory and reasoning ability. Following the clinical interview, psychological testing is administered, according to the interview results, to objectively assess memory functions, cognitive reasoning ability and judgment. The psychologist then offers an expert opinion, based on the evaluation, regarding whether the person is capable of making decisions regarding his/her welfare and finances. This process is also done retroactively at times, to determine if an individual was competent when their last will was executed. To avoid the more difficult retroactive evaluation, it is wise to complete a competency exam prior to executing any important financial papers later in life.
Dr, Franklin provides psychological evaluations related to mental competency. For more information, please call (908) 526-8111.