Decisional capacity is a general term that can be defined as a threshold requirement for persons to retain the power to make decisions for themselves.
Clinical and legal professionals are increasingly turning to forensic psychologists for opinions regarding the decision-making capacity of older adults. Often these complex cases require comprehensive cognitive and functional evaluation that balances promoting autonomy while protecting a vulnerable adult from harm.
The doctors at Shanlis will provide expert guidance on one’s ability to make their own decisions on personal care and finances or stand trial in a court of law.
Should concern be raised by a family member, family friend, or community professional that an elderly person may have been induced to act outside their own free will or without fair attention to the consequences, Judges and attorneys are increasingly retaining expertise from forensic psychologists to testify in court and assist in investigations.
With 1,000s of reported elder abuse each year, this is clearly an important issue for lawyers in Florida. Elder abuse in Florida, involves a number of criminal and civil statutes. Litigation often requires the counsel of a credible forensic psychologist to testify in court and assist in investigations.
In probate conservatorship proceedings in Florida a judge appoints a conservator to care for another adult who cannot care for him/herself or his/her finances. Attorneys are increasingly turning to forensic neuropsychologists to help understand the scientific evidence involved in these complicated cases. A qualified forensic expert can testify in court and assist investigations during probate conservatorship cases.
If a will is being contested, a testamentary capacity expert is an invaluable resource who can help substantiate your case.
In Florida, the legal standard for creating a will has two components: the testator must be 18 years of age and of “sound mind,” which means possessing testamentary capacity. Attorneys and judges in Florida are increasingly turning to forensic psychologists with an expertise in decision capacity to aid in testamentary capacity cases. A respected forensic psychologist with expertise in neuropsychological assessment can help your legal team navigate what mentally competent means and provide valuable assistance in crafting your case.