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Capacity Requirements

Instruments to Detect Cognitive Impairment in Older Adults
Source: National Institute on Aging
Content Type: Web page
Web Page with searchable database Database of published instruments for use assessing cognitive impairment. Users may search by specific criteria, such as time to administer, language, or format. They can also identify instruments that have been evaluated in specific populations (for example, African-American and Hispanic) or for specific diagnoses. Click on the instrument name to get a full description, including method of administration, cost, cognitive domains assessed, and other characteristics.

AARP Report on Protecting Older Investors: The Challenge of Diminished Capacity
Source: AARP Public Policy
Content Type: Report
Investors with diminished capacity are at risk for financial exploitation. Financial professionals must be equipped to respond appropriately when a client signals that he or she may lack the capacity to made financial decisions. This report shares original research findings about current financial services industry practices and protocols to address diminished capacity-and gaps in knowledge, training and strategies to protect older investors. It includes key recommendations for stakeholders and policy makers.

Assessment of Older Adults with Diminished Capacity: A Handbook for Lawyers
Source: American Bar Association Commission on Law and Aging & American Psychological Association
Content Type: Manual
Attorney guidelines for working with older adults with diminished capacity including a capacity assessment worksheet.

Determining the Legal Capacity of Elders: Myths and Realities
Source: American Bar Association Commission on Law and Aging & American Psychological Association
Content Type: PowerPoint Presentation
Overview by Charles Sabatino of three handbooks on legal capacity from American Bar Association Commission on Law and Aging & American Psychological Association.

Judicial Determination of Capacity of Older Adults in Guardianship Proceedings
Source: American Bar Association Commission on Law and Aging & American Psychological Association & National College of Probate Judges
Content Type: Manual
Guidelines for judges dealing with capacity determination.

State Legislative Chart: Capacity Definition and Initiation of Guardianship Proceedings
Source: American Bar Association Commission on Law and Aging
Content Type: State Laws
Charts referencing all 50 states statutes and/or codes on Capacity Definition and Initiation of Guardianship Proceedings (updated Dec. 2007)

Contracts

Contracts Chapter from the Judicial Determination of Capacity of Older Adults in Guardianship Proceedings
Source: American Bar Association Commission on Law and Aging & American Psychological Association & National College of Probate Judges
Content Type: Manual
While the entire manual includes information on all areas of determination of capacity, there is a specific section addressing capacity for entering contracts.

Rep Payee

Social Security Admin Representative Payee Program
Source: Social Security Administration
Content Type: Website
This section of the Social Security website includes extensive resources about and for Representative Payees. The website includes information for consumers, organizations and others acting as Rep Payees. Resources available include FAQs, Online account access, Guides for Organizational Payees and consumer information brochures.

A guide for Representative Payees
Source: Social Security Administration
Content Type: Consumer Guide
Consumer focused information on responsibilities of Representative Payees.

A Guide for Organizational Representative Payees
Source: Social Security Administration
Content Type: Manual
Information for organizations acting as Representative Payees.

Medical Decision Making

Assessment of Capacity of Older Adults for Primary Care Physicians and Other Clinicians
Source: Rush University Medical School
Content Type: Web page, online curriculum (fee)
Rush University Medical Center and the American Bar Association Commission on Law and Aging have released an interactive online education curriculum on assessing the capacity of older adults, funded by The Retirement Research Foundation. The curriculum is aimed at physicians but valuable for all health care clinicians and students; it features six modules, videos, a pocket reference card, a glossary, and a resource list, and is downloadable.

For More Information

More information on this topic might be found in the following areas of the Legal Issues library:
Medical Decision Making