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. 2021 Feb 5;16(2):e0246521. doi: 10.1371/journal.pone.0246521

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.