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Capacity assessments for requests to restore legal competence
Author(s) -
Silberfeld Michel,
Corber Wendy,
Madigan Kevin V.,
Checkland David
Publication year - 1995
Publication title -
international journal of geriatric psychiatry
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.28
H-Index - 129
eISSN - 1099-1166
pISSN - 0885-6230
DOI - 10.1002/gps.930100305
Subject(s) - competence (human resources) , legal guardian , judgement , psychology , engineering ethics , social psychology , political science , law , engineering
We argue that acceptance of competence as decision‐specific, together with a resultant likely increase in limited guardianship orders, will lead to an increase in requests for restoration of legal competence by those under such orders. Six central issues facing the assessor of capacity/competence in the restoration of legal competence are discussed. Suggestions are made as to how these issues can be addressed in forming a clinical judgement. The profile of 17 cases where there was a request to restore legal competence is reviewed.