Capacity and the Adolescent Brain

Abstract

Capacity relates to an individual's ability to make sound treatment decisions; but adolescence is a time of significant change underpinned by a maturing brain. To this end capacity emerges as adolescence progresses. Although both criminal and civil law have made attempts to engage with an adolescent's emergent sense of capacity, this is made difficult by shifting societal norms whereby ever younger adolescents are given capacity to make treatment decisions. What is more, the law may fail adolescents who are older than 18 years by expecting them to have full capacity. This article seeks to address the issue through a review of the neurobiological literature. By placing capacity-related judgments within an empirical neurobiological context, workers will be better able to assist adolescent clients. Finally, workers are encouraged to use the degree of emancipation shown by a minor adolescent as an important tool when assessing capacity.

Key words:

• adolescence
• amygdala
• capacity
• cognition
• emancipation
• executive function
• hippocampus
• prefrontal cortex

Acknowledgements

Ms Irene Pagliarella of RMIT University for assistance with legal matters.