Understanding Civil Forensic Evaluations
Civil forensic evaluations involve the application of psychological expertise to legal questions that arise in non-criminal matters. These evaluations often focus on an individual’s ability to make informed decisions, manage their affairs, or live independently. Common referral questions may include decision-making capacity, financial competence, testamentary capacity, or the need for guardianship or conservatorship. These evaluations are distinct from therapy or diagnostic assessments; they are structured to provide objective, legally relevant information to assist with decision-making by courts, attorneys, or healthcare providers.
Who Refers and Why:
Civil forensic evaluations are typically requested by attorneys, medical providers, social workers, or family members when there are concerns about an individual’s cognitive, emotional, or decision-making capacity in a legal context. These evaluations can help clarify whether a person is able to manage financial affairs, make informed medical decisions, or understand the implications of legal documents such as a will or power of attorney.
Referrals may also involve questions related to guardianship or conservatorship, or whether an individual can continue living independently. Additionally, evaluations may be requested in the context of workplace disability claims, particularly when emotional or cognitive symptoms are affecting a person’s ability to meet the demands of their job. In some instances, individuals may seek an evaluation on their own to support planning or better understand their current functioning.
What to Expect:
Each civil forensic evaluation begins with a brief consultation to clarify the referral question and determine whether an evaluation is appropriate. If we move forward, the evaluation itself typically includes a one-on-one interview to gather information about the individual’s background, current concerns, and the legal context of the case. Depending on the reason for referral, formal testing may also be used to evaluate cognitive functioning, emotional symptoms, or other relevant areas.
When appropriate, records such as medical documentation, employment files, or legal case materials may be reviewed to provide additional context. Input from family members or other professionals can also be included when it helps answer the referral question. After all the necessary information is gathered, a written report is prepared that explains the findings in a clear and thoughtful way. The report is designed to be clear, respectful, and useful to everyone involved — from attorneys and judges to the individual being evaluated.