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The Gerontologist 47:591-603 (2007)
© 2007 The Gerontological Society of America

A Conceptual Model and Assessment Template for Capacity Evaluation in Adult Guardianship

Jennifer Moye, PhD1, Steven W. Butz, PsyD1, Daniel C. Marson, JD, PhD2, Erica Wood, JD3 and the ABA–APA Capacity Assessment of Older Adults Working Group

Correspondence: Address correspondence to Jennifer Moye, VA Medical Center, 940 Belmont Street, Brockton, MA 02301. E-mail: jennifer.moye{at}va.gov

Purpose: We develop a conceptual model and associated assessment template that is usable across state jurisdictions for evaluating the independent-living capacity of older adults in guardianship proceedings. Design and Methods: We used an iterative process in which legal provisions for guardianship and prevailing clinical practices for capacity assessment were integrated, through expert group consensus and external review by legal and health care professionals, to form a conceptual model and template. Results: The model and template provide a structure for conducting and documenting a capacity evaluation in guardianship by using six assessment domains of interest to the courts: (a) medical condition, (b) cognition, (c) functional abilities, (d) values, (e) risk of harm and level of supervision needed, and (f) means to enhance capacity. The template also addresses the participation of the person in the guardianship hearing, confidentiality and privilege issues, and certification by the examiner. An online version of the template can be adapted to address specific jurisdictional requirements. Implications: A conceptual model and evaluation template provide a useful cross-jurisdictional format for conducting and documenting capacity assessments of older adults in guardianship proceedings. The template may be particularly useful to clinicians for providing courts with information to support limited guardianship orders.

Key Words: Capacity • Competency • Dementia • Guardianship






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Copyright © 2007 by The Gerontological Society of America.