Issues in Assessing Competence and Decision-Making Capacity in Legal Contexts

Otto, Randy K.

Department of Mental Health Law and Policy, University of South Florida

Randy K. Otto, College of Psychology, Nova Southeastern University, 3301 College Avenue, Ft. Lauderdale, FL 33314, United States [email protected]

Received June 23, 2022

Accepted September 25, 2022

Practice Innovations 8(3):p 173-181, September 2023. | DOI: 10.1037/pri0000194

Psychologists can be of considerable assistance in legal proceedings in which the past, current, and/or future decision-making capacity of an individual is in dispute. The many challenges psychologists face when called on to assess persons’ decision-making capacity in civil proceedings are discussed, and recommendations for changes in the law and practice are offered.