Table 1. Characteristics of cases.
No. judgments | % judgments | |
---|---|---|
Gender of subject of proceedings | ||
Female | 88 | 67% |
Male | 43 | 33% |
Age of subject of proceedings | ||
18 to 25 years | 17 | 13% |
26 to 64 years | 49 | 37% |
65 years or older | 53 | 41% |
Age not specified | 12 | 9% |
Type of capacity decision1 | ||
Medical treatment | 41 | 31% |
Residence | 41 | 31% |
Care | 39 | 30% |
Litigation | 28 | 21% |
Power of attorney issues | 27 | 21% |
Property and affairs | 26 | 20% |
Contact | 24 | 18% |
Sexual relations | 14 | 11% |
Other issues | 11 | 8% |
Marriage | 8 | 6% |
Testamentary capacity | 6 | 5% |
Impairment of mind or brain cited2 | ||
Dementia | 46 | 35% |
Intellectual disability | 36 | 27% |
Chronic psychosis | 24 | 18% |
Autism spectrum disorder | 13 | 10% |
Acquired brain injury | 11 | 8% |
Mood disorder | 8 | 6% |
Eating disorder | 5 | 4% |
Personality disorder | 4 | 3% |
Delirium | 4 | 3% |
No impairment cited | 4 | 3% |
Other impairment | 3 | 2% |
Judge’s determination | ||
Lacks capacity to take the material decision(s) | 95 | 73% |
Has capacity to take the material decision(s) | 19 | 14% |
Has capacity to take some but not all material decisions | 10 | 8% |
Outcome deferred | 4 | 3% |
Reason to believe that lacks capacity to take material decision(s) | 3 | 2% |
1Multiple capacity decisions were considered in 51% of cases.
2Multiple impairments of mind or brain were cited for the subject in 19% of cases.