Choosing to engage or refuse to engage in a medical procedure is a fundamental right that a protected person with a Guardian loses. To respect their dignity as much as possible, consent must be given by the Guardian, but assent can be given by the protected person.
Read MorePsychological experts who do not use reliable tests built around solid scientific principles run the risk of highly unreliable opinions. This is where an understanding of means and standard deviations become extremely important.
Read MoreWhat is the difference between sensitivity and specificity, and what are you missing if you ignore positive predictive power? The answers to these questions can help bolster an expert’s opinions in the eyes of the judge or jury.
Read MoreA 90-year-old woman with moderate dementia signs a contract to buy a new car. A man with Schizophrenia wants to buy his first house. A woman with severe mania signs divorce documents.
Are any of these contracts legal in Colorado? Or, would an attorney have a strong case to argue that any of these individuals did not have the capacity to sign a valid contract?
Read MoreI even amazed myself!
Read MoreTestamentary capacity and being “of sound mind” is an easy hurdle to clear. Many times, though, the idea of undue influence is not explored when contesting a person’s last will and testament. Colorado law has a lot to say about this issue.
Read MoreThe curious case from 1896 of the surgeon who defied a court order for reasons that are not entirely known.
Read MoreDue to the landmark legal decision in Ake v. Oklahoma (1985), states are required to provide access to psychologists if a person’s mental health is going to be a factor at trial or sentencing and the person couldn’t otherwise afford to hire one privately.
Read MoreDr. Grigson was hired to conduct a pretrial competency evaluation in 1973. The case involved Ernest Smith, who was arrested for participating in an armed robbery where an accomplice killed a grocery store clerk. Dr. Grigson reported that Mr. Smith was competent to stand trial and he labeled Mr. Smith a "severe sociopath."
Read MoreA 2005 decision by the US Supreme Court makes it unconstitutional to execute anyone who committed murder prior to the age of 18. The details of the groundbreaking case of Roper v. Simmons are summarized here.
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