ASSESSING MENTAL-CAPACITY AND SUSCEPTIBILITY TO UNDUE INFLUENCE

Clinicians are commonly asked to participate in the determination of a n individual's mental capacity and susceptibility to undue influence. Vague statutory definitions and lack of operational criteria for both determinations have contributed to inconsistency in the quality and us efulness of expert input to these determinations. Questionnaire respon ses of 119 probate judges from the U.S. indicate that this input is qu ite influential despite the problems mentioned above. This paper prese nts and discusses the judges' views on selected procedural and concept ual aspects of expert evaluation and testimony.