Sometimes people with a disorder affecting brain functioning (e.g. dementia, brain injury, intellectual delay, stroke) can have problems reliably making decisions about important issues such as whether they are capable of managing to live independently, whether they should be driving, whether they should undergo a medical procedure, financial management or even making a will. This is especially the case if they do not realise they have a problem with their thinking.
Neuropsychological assessment of decision making capacity is often carried out when such concerns are raised. They can form part of an application for Guardianship or Financial Management made through the Guardianship Tribunal. Solicitors with concerns about their clients capacity to make a will or decide on Enduring Guardianship or Power of Attorney may request an assessment to ensure their client can sign such a document.
In addition to the neuropsychological tests being administered and interpreted, the individual being assessed is questioned about the relevant issue to gauge whether they have remembered the relevant information, can weigh up the pros and cons of the decision and can accordingly make a decision with adequate judgement and reasoning.
If you have concerns about someone’s capacity to make such a decision, please talk to their treating doctor or their solicitor, as appropriate, to see whether neuropsychological assessment is warranted.