A Competency Evaluation is an assessment used to determine whether an individual has the mental capacity to understand and participate in legal, professional, educational, or clinical proceedings or tasks. These evaluations are commonly used in legal and clinical settings, and the specifics vary depending on the context.

At the NYMHG, we conduct Legal Competency Evaluations which are used in criminal or civil court cases. These evaluations assess whether a person is mentally fit to stand trial, make legal decisions, or be held responsible for their actions.

Common types of Competency Evaluations include:

• Competency to Stand Trial (CST): Determines whether a defendant understands the legal process and can assist their attorney. Focuses on present mental state (not past behavior).

• Competency to Be Executed: Assesses whether a person on death row understands why they are being executed.

• Competency to Waive Rights: Evaluates if someone understands the rights they are waiving (e.g., Miranda rights, right to an attorney).

• Competency to Make Medical Decisions: Often used in civil court or clinical settings (e.g., whether someone can consent to treatment).

Key Components of a Competency Evaluation:

• Clinical interview by a psychologist or psychiatrist

• Psychological testing: Cognitive tests (e.g., IQ tests), personality assessments, or specialized tools (like the MacCAT-CA for legal competency)

• Record review: Medical, Educational, or Criminal records

• Collateral interviews: Family, educators, or professionals who know the individual