Assessment of Older Adults with Diminished Capacities: A Handbook for Lawyers, 2nd Edition

    Assessment of Older Adults with Diminished Capacities: A Handbook for Lawyers, 2nd Edition

    Assessment of Older Adults with Diminished Capacities: A Handbook for Lawyers, 2nd Edition

    Assessment of Older Adults with Diminished Capacities: A Handbook for Lawyers, 2nd Edition by the ABA Commission on Law and Aging and the American Psychological Association is a new and improved second edition of the original that offers trust and estate lawyers, elder law attorneys, family lawyers, health lawyers, and general practitioners a conceptual framework and a practical system for identifying and addressing problems of client capacity, including how to work effectively with clinicians when needed.

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    The new edition includes added chapters on standards of capacity for a wide variety of transactions and on the assessment of undue influence, as well as incorporating supported decision-making practices throughout. The volume contains a practical worksheet for preliminary screening of capacities and a screening tool for undue influence. Multiple appendices provide an overview of psychological testing instruments; a sample referral letter to clinicians and sample clinical evaluation; a reference chart of medical conditions affecting capacity, and an overview of normal brain aging and disease.

    This handbook is an update of the original collaborative work of the ABA Commission on Law and Aging and the American Psychological Association. The APA is the largest scientific and professional organization representing psychology in the United States and is the world’s largest association of psychologists. The ABA/APA Assessment of Capacity in Older Adults Project Working Group convened in 2003 and jointly published three handbooks:

    • Assessment of Older Adults with Diminished Capacity: A Handbook for Lawyers (2005);
    • Determination of Capacity of Older Adults in Guardianship Proceedings: A Handbook for Judges (2006); and
    • Assessment of Older Adults with Diminished Capacity: A Handbook for Psychologists (2008)

    This new edition provides a needed update and expansion of the Lawyer’s Handbook.

    This handbook represents a unique collaboration of lawyers and clinicians. It offers a system for preliminary screening and exploration of decision supports. It makes practical suggestions for attorneys in balancing the competing goals of autonomy and protection as they confront the difficult challenges of working with older adults with diminished capacities.

    To produce this 2nd Edition, the ABA Commission on Law and Aging brought together an interdisciplinary team that included some of the original authors plus other experienced experts in law, psychology, geriatrics, and neurology.

    Members of the writing, editing, and review team were:

    • Edwin M. Boyer, J.D.
    • Jason Karlawish, M.D.
    • Daniel Marson, J.D., Ph.D.
    • Kyle S. Page, Ph.D.Dari Pogach, J.D.
    • Mary Joy Quinn, R.N., M.A.
    • Charles P. Sabatino, J.D., Project Director
    • Erica F. Wood, J.D
    • Jennifer A. Moye, Ph.D., Consultant

    The contents are the sole responsibility of the authors and do not necessarily represent the official views of the ABA or any organizations with which the authors may be affiliated.

    Product Details

    Sponsors

    Law and Aging, Section of Real Property, Trust and Estate Law

    ISBN

    9781641059169

    Page Count

    98

    Product Code

    4280032

    Trim Size

    8½x11

    Publication Date

    3/15/2021 12:00:00 AM

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