Capacity and Conservatorship Evaluations
Dr. Selina Mangassarian provides forensic neuropsychological evaluations in adult capacity and conservatorship-related matters. These evaluations may address cognitive functioning, psychiatric factors, decision-making abilities, vulnerability, and functional limitations relevant to the legal question.
In capacity and conservatorship matters, the question is rarely limited to whether a diagnosis is present. The more important question is what the person can understand, appreciate, reason through, communicate, manage, and execute in real-world circumstances. A useful evaluation translates neuropsychological and psychological findings into functional opinions that can inform legal, medical, financial, and care-related decisions.
Common Referral Questions
- Does the individual have the cognitive capacity to make medical, financial, legal, or personal decisions?
- Are there neurocognitive, psychiatric, developmental, or acquired conditions affecting decision-making?
- What areas of functioning remain intact, and where is support or supervision needed?
- Is the presentation consistent with dementia, acquired brain injury, psychiatric illness, substance-related impairment, or another explanation?
- How do cognitive limitations affect daily living, independent functioning, treatment participation, or vulnerability?
- Are the findings consistent with the records, history, collateral information, and observed behavior?
- What limitations should be considered when applying the findings to conservatorship, elder law, disability, or other legal decisions?
Capacity Is Not Always All-or-Nothing
Capacity often varies by task, context, complexity, and the type of decision being made. A person may retain meaningful abilities in some areas while requiring assistance in others. The evaluation therefore considers both impairment and retained function, with attention to the specific legal or practical question being asked.
When clinically and legally relevant, findings may help clarify whether concerns relate to memory, executive functioning, reasoning, language, psychiatric symptoms, reduced insight, susceptibility to influence, fluctuating functioning, or other factors that affect independent decision-making.
Court Documentation and Required Paperwork
In conservatorship and other court-involved capacity matters, the evaluation may also include completion of required court documentation when it is within the scope of the referral and supported by the evaluation findings. This may include capacity-related declarations, physician or psychologist forms, functional summaries, or other court-requested paperwork relevant to the specific legal question.
Paperwork is completed based on the clinical data, records reviewed, interview findings, behavioral observations, and neuropsychological or psychodiagnostic test results. When a court form requires opinions about abilities, limitations, need for assistance, or capacity-related concerns, those opinions are tied back to the evidence gathered during the evaluation rather than treated as a stand-alone administrative task.
Because required forms and declarations vary by jurisdiction, matter type, and referral question, attorneys and referral sources are encouraged to provide any court forms, filing deadlines, instructions, prior orders, or specific issues that must be addressed before the evaluation begins. This allows the assessment and report to be organized around the decision the court or legal team needs answered.