Civil capacity in transition-age youth with history of central nervous system compromise: a review

Abstract

Objective: The purpose of this paper is to review various aspects of decision-making capacities in children and adolescents with a history of central nervous system compromise over the course of development and into transition to adulthood. Method: The literature on consent capacity in various domains is reviewed, with reference to state-specific legal definitions and requirements, and illustrated with a case example. Conclusions: Neuropsychologists who use an evidence-based assessment approach, and who can clearly communicate their findings in reference to specific probate court standards, can make a unique contribution to the legal system while serving their clients who are transitioning from adolescence into adulthood.

Keywords:

• Assessment
• adolescence
• disability
• guardianship
• probate law