How to Determine Mental Incapacitation

The term "mental capacity" refers to a person's ability to make sound decisions. Old age, injury and mental disabilities can cause a person to become mentally incapacitated, which means he is no longer capable of making decisions for himself about medical, legal or financial decisions. Taking away a person's ability to make decisions is a serious matter. There are several steps involved in declaring that a person is mentally incapacitated.

Instructions

• 1

  Determine the person's medical diagnosis. Knowing the person's medical diagnosis will permit you to proceed with the correct mental evaluations. Many illnesses can cause incapacitation in their later stages, including Alzheimer's disease, dementia and Huntington's disease. Individuals with mental disabilities, such as Down's syndrome or schizophrenia, could also experience mental incapacitation, depending on the severity of their disorder.

• 2

  Assess alertness and attentiveness. There are four classifications that determine levels of alertness: alert; drowsy; stuporous; and comatose. Although you could probably determine this information for yourself, you will need a medical doctor to make the determination, so that you can assign a power of attorney for the incapacitated person.

• 3

  Find out the person's level of information processing. You will need to determine the individual's short-term and long-term memory, as well as his ability to assimilate information that is provided. Questions to ask regarding long-term memory include the person's birthdate, information about family members and important historical facts. Short-term memory is also important to test because if a person cannot retain information provided about a medical treatment or financial decision, he is incapable of making important decisions by himself.

• 4

  Evaluate the person's thought processes. Someone who is experiencing delusions or hallucinations may not be capable of making sound decisions.

• 5

  Gauge the person's ability to process emotion. Mood disorders can affect a person's decision-making abilities. A mood disorder refers to any condition that causes a person to experience sustained emotions that affect behavior. An example of how a mood disorder can affect a person's mental capacity is the indifference sometimes seen in patients with dementia. This indifference could cause the person to downplay the seriousness of a condition or a situation that may require immediate attention.

• 6

  Check for a mental deficit. While a mental deficit may not be immediately noticeable, its presence can definitely affect a person's decision-making abilities. Signs of mental deficit include forgetfulness, a reduction in talking, confusion and the inability to remember everyday words.