Contexts of Capacity: Local and State Variations in Capacity Assessment--Commentary on "Assessment of Decision-Making Capacity in Older Adults"

Abstract

THE hallmark of a successful review article is to leave the reader thinking ‘‘Yes, and . . ..’’ The masterful assessment of decision-making capacity in older adults by Moye and Marson (2006) has just that impact. They have provided an important summary of the research and clinical base in an increasingly essential area at the intersection of legal theory and practice, behavioral science research, and clinical practice. My comments will focus on two elements alluded to by Moye and Marson: the variability between and among states in emerging definitions of capacity and associated assessment procedures required in each state; and the intersection of state-level variability with one of the most complicated capacity domains, independent living.