Utilizing Decision-Making Capacity Assessments in Criminal Cases

Source: Elder Justice Initiative

Published: 2024

Summary:

Consent is a frequent defense in financial crimes, sexual assaults, and caregiver neglect cases involving older adults; however, a victim’s diminished decision-making capacity may undermine what appears to be consent, triggering a violation of the law. In this webinar, Dr. LoFaso, a geriatrician, discusses the concept of decision-making capacity and how it is assessed. Then, Page Ulrey, a prosecutor, discusses how a victim’s diminished decision-making capacity is used in making charging decisions, how to access professional evaluators, and how evidence of diminished decision-making capacity is used and defended at trial.