Ng. Poythress et al., CAPACITY TO CONSENT TO VOLUNTARY HOSPITALIZATION - SEARCHING FOR A SATISFACTORY ZINERMON SCREEN, Bulletin of the American Academy of Psychiatry and the Law, 24(4), 1996, pp. 439-452
Half a decade ago, the Zinermon court announced the need for clinician
s to evaluate the competence of people with mental illness to consent
to voluntary hospital admission, but the court did not specify the tes
t of capacity that mental health professionals should use. As has occu
rred in other areas dealing with legal competence, there is a need for
the field to develop standardized assessment procedures for evaluatin
g capacity to consent to voluntary hospitalization. Both theorethical
and practical considerations suggest that these procedures should be m
odeled after what S. K. Hoge has termed a ''weak'' model of consent. T
his and other studies of the ability of mentally ill persons to unders
tand disclosed information suggest that their level of understanding m
ay be assessed optimally with measures that utilize recognition rather
than recall response elicitation formats.