Competency Evaluations

Wills, Divorce and Guardianships

Psychologists are able to evaluate a person's cognitive functioning, memory capacity and reasoning ability. These factors are important in determining whether an individual is competent to execute a will, give medical directives relating to long term care, or assign power of attorney or a trust account.

Competency may also be a factor in divorce settlements, both in terms of understanding the settlement agreement and in terms of a person's capacity to take care of him or herself after the divorce. It may also affect employability, which can determine the distribution of assets following divorce.

For individuals obviously in mental decline, the role of the psychologist is to determine whether it is appropriate to appoint a guardian to manage the person's financial affairs and to make medical decisions regarding long term care.

The psychological evaluation begins with a review of the person's medical and psychological records and history. Information for the evaluation is supplied by family members and the individual being evaluated. Following the record review, the individual is seen for a clinical interview, which includes several measures of orientation, short term memory and reasoning ability. Following the clinical interview, psychological testing is administered, according to the interview results, to objectively assess memory functions, cognitive reasoning ability and judgment. The psychologist then offers an expert opinion, based on the evaluation, regarding whether the person is capable of making decisions concerning their welfare and finances.

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