How Courts Might Consider Scores In Mental Status Exams

This legal post examines a recent Illinois Court of Appeals decision dealing with a low mental status exam score in a long-running guardianship case.  In Estate of Koenen the court held that a court appointed psychiatrist could bring up the fact that a man got a low score on the Montreal Cognitive Assessment (MOCA) to help make the case that he lacked sufficient mental capacity to manage his own affairs.  This was not the only evidence that was used, but the court did permit the experts testimony and exam scores to be used as evidence.  The Illinois Court of Appeals decision in this case can be read here.

See Katherine C. Pearson and Dickinson Law, What is the Legal Significance of “Scores” in Mental Status Exams?, LPB Network, September 11, 2015.