Grey on Neuroscience & Competency Assessments

Betsy Grey (Arizona State University (ASU) – Sandra Day O'Connor College of Law) has posted Aging in the 21st Century: Using Neuroscience to Assess Competency in Guardianships (4 Wis. L. Rev. (2018)) on SSRN.  Here is the abstract: Whether to remove a person’s decision making authority in a guardianship proceeding is one of society’s most weighty determinations. As much as we value individual autonomy, we will strip that autonomy when a person is deemed legally “incompetent.” This competency determination has traditionally relied, almost exclusively, on clinical assessments of cognitive and functional abilities, based mainly on observed behavior. But developments in neuroscience — and particularly the advent of physiological biomarkers of Alzheimer’s disease — require us to think about a broader approach to competency determinations. Coupled with behavioral data, information from diagnostic biomarkers can add…

Read more detail on Recent Legal Theory posts –

This entry was posted in Legal Theory and tagged , , , , . Bookmark the permalink.

Leave a Reply