Clinical neuropsychology and the assessment of capacity

Abstract

The authors present an overview of the role of neuropsychology in the assessment of capacity. This complex and dynamic field is growing, driven by the expanding population of elderly, medical advances, and developments in case law. The issue of capacity arises in both clinical practice and the legal medicine/forensic arena, and, in each context, assessments are guided by a philosophical commitment to human rights, autonomy and self-determination. This chapter illustrates the core methodological features of neuropsychological assessments in this area, discussing the empirical basis, psychometric foundations, and assessment tools used. Focusing on the assessment of adults, the authors discuss the process and requirements of capacity-based assessments. This chapter draws on two case examples to highlight the need to carefully integrate test findings within a decision specific model of relevant legal standards.