Representing
Persons with Mental Disabilities
An assessment of the client’s mental capacity
involves a number of steps. To begin with,
the lawyer should try to create an environment
that will minimize any incapacity the client
may have. This may be done by:
-
Interviewing the client alone away
from family, friends, or caregivers
-
Enhancing the client’s ability
to communicate such as through the
use of shorter sessions or waiting
until the client is at his or her
best or more lucid
-
Gaining a good understanding of the
client’s values, standards,
and behaviors
-
Presuming that the client is competent,
unless substantial evidence of incapacity
or impairment is evident.
Related Resource:
Mental & Physical Disability Law Reporter
is the only periodical that comprehensively
summarizes legal developments in civil and
criminal mental disability law and disability
discrimination law.
Sponsoring Entity:
ABA
Commission on Mental and Physical Disability
Law
|
|
