Financial Capacity Assessment Instrument (IACFin): Development and Qualitative Study Using Focus Groups

Abstract

Changing from a diagnostic to a functional approach in making capacity determinations had several consequences. One of these was the demand for specific Forensic Assessment Instruments (FAI) to reach specific and specialised answers in forensic mental health evaluations. Under Portuguese law, there are two protective legal measures for incapacitated adults: interdiction and inhabilitation. In those legal proceedings, a forensic evaluation by mental health professionals is important and includes an examination of financial capacity. The main purpose of this study was to develop the Financial Capacity Assessment Instrument (IACFin), a FAI to assess financial abilities. The experimental version of the IACFin was developed by reviewing the literature and other assessment instruments and procedures, analysing interdiction and inhabilitation judicial processes, and having discussions with legal and clinical experts. This experimental version was tested using qualitative research methods with focus groups. The final version of the IACFin contains three modules: (1) screening, which assesses orientation, sensory function, motor function, attention and consciousness, and language; (2) general financial, which covers eight domains, including values and preferences, basic skills, shopping, bill payment, banking, decision-making, risk of crime against the estate and supply will instruments; and (3) estate disposition, which covers estate determination, donations and wills.

Key words:

• financial capacity
• Forensic Assessment Instruments
• incapacitated adults
• inhabilitation
• interdiction

Acknowledgements

This work was supported by the Portuguese Science and Technology Foundation through a PhD grant (SFRH/BD/47677/2008) that was awarded to the first author.