Neurology Book



Mental Competency

Aka: Mental Competency, Competency Hearing
  1. See Also
    1. Medical Decision-Making Capacity
    2. Against Medical Advice
    3. Informed Consent
    4. Consent for Treating Minors
    5. CURVES Mnemonic for Capacity Assessment
    6. Medical Elopement
    7. Risk Management
    8. Health Insurance Portability and Accountability Act (HIPAA)
  2. Definitions
    1. Mental Competency
      1. Sufficient understanding and memory to comprehend their own situation
      2. Understanding of the consequence of their proposed actions
      3. Competence is determined by a judge
      4. May indicate whether a person may stand trial
        1. Can they distinguish truth from fiction
        2. Can they assist their attorney in their own defense
  3. Evaluation: Competency Hearing Questions
    1. Does he have a legal argument or position?
      1. How to defend self against charges?
    2. Can he behave in the courtroom?
    3. Does he relate to his attorney?
      1. Does he confide in and trust in his attorney
      2. Does he agree with his attorney?
    4. Has he thought of a strategy of lesser charges?
      1. What if he disagrees with the lawyer?
    5. Does he understand the roles of trial participants?
      1. Jury
      2. Judge
      3. Witnesses
      4. Prosecuting attorney
      5. Defense counsel
    6. Understanding of court procedure?
    7. Understanding of significance of charges?
    8. Understanding of the Penalty?
    9. Likely outcome of the trial?
    10. Is he able to inform attorney of the relevant facts?
    11. Can he challenge the prosecution witnesses?
    12. Is he coherent enough to give relevant Testimony?
    13. Is he self defeating or self-serving?

Mental Competency (C0085285)

Definition (MSH) The ability to understand the nature and effect of the act in which the individual is engaged. (From Black's Law Dictionary, 6th ed).
Concepts Qualitative Concept (T080)
MSH D016743
English Competence, Mental, Competency, Mental, Mental Competence, Mental Competency, mental competence, mental competency
Swedish Mental kompetens
Czech duševní schopnost
Finnish Oikeustoimikelpoisuus
Japanese 無能-精神的, 精神的無能, 能力-精神的, 精神的能力
French Capacité mentale, Aptitude intellectuelle, Aptitude mentale, Capacité intellectuelle, Compétence mentale
Polish Kompetencja umysłowa, Zdolność pojmowania
Norwegian Mental kapasitet, Mental kompetanse, Kompetanse, mental
German Psychische Zurechnungsfähigkeit, Schuldfähigkeit, psychische, Zurechnungsfähigkeit, psychische
Dutch Competentie, mentale, Geestelijke toerekeningsvatbaarheid, Psychische toerekeningsvatbaarheid, Toerekeningsvatbaarheid
Portuguese Competência Mental
Italian Capacità di intendere
Spanish Competencia Mental
Derived from the NIH UMLS (Unified Medical Language System)

You are currently viewing the original '\legacy' version of this website. Internet Explorer 8.0 and older will automatically be redirected to this legacy version.

If you are using a modern web browser, you may instead navigate to the newer desktop version of fpnotebook. Another, mobile version is also available which should function on both newer and older web browsers.

Please Contact Me as you run across problems with any of these versions on the website.

Navigation Tree