mental competency

Introduction

A legal term that refers to an individual's ability to make rational, informed decisions concerning one's property.

Primary elements of mental competency include:

• an awareness of the nature of the situation
• a factual understading of the issue
• an ability to manipulate information rationally to reach a decision

Issues:

• activities of daily living (ADL)
• wareness of medical condition
• ability to rationally discuss medical condition & arrive at a decision

The court requires:

• mental status examination
• neuropsychological testing*
• medical observations
• evaluation of activities of daily living (ADL)

* An extended mental status examination & cognitive mental status scales can substitute for neuropsychological testing when patients cannot tolerate or perform the test.