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 MoreA guide for family members, friends, doctors, and attorneys to determine if an elderly loved one is at risk for undue influence, exploitation, and coercion.
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 MoreAn incorrectly diagnosed STD, family drama, loss of consortium, and a major lawsuit.
Read MoreThe ADX Supermax is the country’s most notorious prison. It is home to Al Qaeda, the Unabomber, and the 9-11 Mastermind. I have been inside of it.
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 MoreIn Colorado, There are two different tests that can be applied, based on the landmark 2000 case of Breeden v. Stone (Breeden, 992 P.2d 1167 [Colo. 2000]): The Cunningham Test and the Insane Delusion Test. And in fact, if testamentary capacity is challenged in Colorado, Breeden dictates that a “sound mind” includes passing both tests.
Read MoreJudges and juries react to expert witnesses differently based on gender, and women have a number of challenges in this area that men do not face. Recent research and information about Social Role Theory are reviewed.
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 More