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Medico-Legal Capacity

Valid and reliable measures

 

We use scientifically valid and reliable measures, sensitive analysis and synthesis, to test and evaluate neurocognitive brain functions.

 

Neurological examination, CT, MRI, EEG, and PET scans look at the structural, physical, and metabolic condition of the brain.

 

Neurocognitive measures cover the range of mental processes from simple motor performance to complex reasoning and problem solving.

 

Quantitative and qualitative results are compared to nomothetic older adult data including data from ethnic, educational, vocational and demographic groups. Notable in the brain sciences is that there may be idiopathic variables that cannot be captured by routine labs. These require an approach that is patient-specific but result is much greater accuracy.   

 

If the normative data are based on age and educational achievement, a valid comparison can be made between an individual's performance and that of persons in known diagnostic categories, as well as persons who do not have a diagnosis of a neurocognitve disorder. 

 
 
Our Services > Medico-Legal Capacity  
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All persons, regardless of age, are presumed to have capacity.

 

Likewise, physical inability does not preclude an individual from directing trusted others to perform a specific task, on their behalf.  

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Determining an individual's (a) decisional, (b) executional, (c) global and/or (d) specific capacity includes: 

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(1)  Identifying the applicable legal standard(s)

(2)  Identifying and evaluating functional elements constituent to the capacity

(3)  Determining relevant medical and psychiatric diagnoses contributing to supposed incapacity

(4)  Evaluating cognitive functioning

(5)  Considering psychiatric and/or emotional factors

(6)  Appreciating the individual’s values

(7)  Identifying risks related to the individual and situation or context

(8)  Considering all means to enhance the individual’s capacity, reducing deficits and increasing self-determination

(9)  Making a neurogeriatric clinical judgment to inform and complement medical and legal opinion

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Capacity is a complex part of neurogeriatrics and for selected cases, our office can provide an evidence-based evaluation and subsequent opinion on capacity for

 

Independent Living

Financial Capacity

Medical Consent

Driving

Sexual Consent

Testamentary Capacity 

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(*) Please note most medico-legal services are fee based and may be limited to established patients.   

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