Representing Persons with Mental Disabilities
When assessing your client’s mental capacity, you should
try to create an environment that will minimize any incapacity
the client may have. This may be done by:
- Interviewing the client alone away from family, friends, or
caregivers;
- Enhancing the client’s ability to communicate such as
through the use of shorter sessions or waiting until the client
is at his or her best or more lucid;
- Gaining a good understanding of the client’s values,
standards, and behaviors; and,
- Presuming that the client is
competent, unless substantial evidence of incapacity or impairment
is evident.
More information about the book Mental Disability Law, Evidence
and Testimony |
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