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Evaluating Vulnerable Populations for Capacity

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Primary Education Topic: 
Mental Health & Aging
Other Education Topics: 
Aging in Community
Legal & Ethical Issues
Policy and Advocacy

Given the importance of upholding our basic liberties and the complex nature of capacity issues, it’s important to use standardized inquiry and documentation whenever a question of capacity arises.

By Amy S. Friday

Adults in the United States are generally assumed to function independently. Unless shown to suffer from a condition known to undermine independence, we understand that adults hold privileges such as the right to enter into legal contracts and the right to make decisions for her or his own person and property. We acknowledge an adult’s ability to choose and control personal finances, wills and other legal decisions, independent living circumstances, medical decisions, driving functions and sexual relations.

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