Capacity Evaluations

Capacity reflects the legal assumption that an individual is presumed to have the physical and/or mental ability to make or execute sound decisions.

Although there are several legal standards of diminished capacity, neuropsychologists are often involved in “civil” capacity evaluations involving individuals with cognitive impairment.  This is a growing area given the changing demography of our country involving an increased number of adults over the age of 85. Individuals at advanced age levels carry the greatest risk for dementia and have the highest rates of cognitive decline.

Dr. Luis has been involved with the neuropsychological assessment of older adults with or without cognitive decline in medical, long-term care, and private-practice settings for over two decades.  Capacity evaluations with this population and in these settings focus on:

• An individual’s ability to provide medical consent to treatment

• An individual’s ability to deny or refuse medical treatment

• An individual’s ability to make financial decisions

• An individual’s ability to execute health care advanced directives

• An individual’s ability to implement legal contract (e.g., will, POAs)

• An individual’s ability to live independently

• An individual’s ability to provide testamentary capacity

Dr. Luis is not available to perform capacity evaluations in criminal matters (e.g., ability to stand trail).