Which Information Matters? Using Policy Capturing to Understand Civil Competency Decisions

Abstract

ABSTRACTCivil competency, typically defined as one’s ability to manage one’s affairs, is an underresearched legal construct that impacts individuals, families, and communities. The legal decisions related to civil competency are designed to balance individual autonomy and safety; however, this decision-making process is not well understood. Policy capturing, an advanced methodological and statistical tool developed to uncover empirically derived decision-making policies, was utilized to assess civil competency decision making in legal contexts. Twenty-one legal professionals and 33 community-dwelling adults rated vignettes to determine civil competency. The recommendation of the psychologist in the vignette emerged as the most influential factor for participant decision making. Other significant factors included a summary of available medical records and collateral family testimony. Awareness of decision-making policies was also assessed; participants were moderately aware of their own decision making. How the results relate to the broader psycholegal literature, relevant ethical issues, legal issues, and directions for future research are discussed.