Skip to main content icon/video/no-internet

Financial Capacity

Financial capacity (FC) is a medical-legal construct that represents the ability to independently manage one's financial affairs in a manner consistent with personal self-interest. FC thus involves not only performance skills (e.g., accurately counting coins/currency, completing a check register, paying bills) but also the judgment skills that optimize financial self-interest.

From a legal standpoint, FC represents the financial skills sufficient for handling one's estate and financial affairs and is the basis for determination of conservatorship of the estate (or guardianship of the estate, depending on the state legal jurisdiction). Broadly construed, FC also encompasses more specific legal “financial capacities,” such as contractual capacity, donative capacity, and testamentary capacity. Thus, FC is a very important area of assessment in the civil legal system.

From a clinical standpoint, FC is a highly cognitively mediated capacity that is very vulnerable to neurological, psychiatric, and medical conditions that affect cognition (such as dementia, stroke, traumatic brain injury, and schizophrenia). Financial experience and skills also vary widely among cognitively normal individuals and are associated with factors of education and socioeconomic status. Clinicians are increasingly being asked by families, physicians, attorneys, and judges to evaluate and offer clinical opinions regarding FC.

With the recent development of conceptual models of FC and associated assessment instruments, there is an emerging body of empirical research on this important civil capacity.

Importance of Financial Capacity

Impairment and loss of FC has important psychological, economic, and legal consequences for patients and family members. Similar to driving and mobility, the power to control one's finances is a fundamental aspect of individual autonomy in our society. Loss of financial control may result in psychological consequences such as increased feelings of dependency and depression. Declines in FC are also associated with immediate and long-term economic consequences. Failure to pay bills or difficulty in handling basic financial tasks may result in disconnection of services, property repossession, poor credit ratings, and even homelessness. Impaired financial judgment may also result in loss of assets intended for long-term care or inclusion in a will or trust. From a legal perspective, diminished FC is associated with increased risk of financial exploitation in the form of consumer fraud and other scams, as well as greater susceptibility to undue influence by family members and third parties. As noted above, some situations of financial incapacity may reach the courts and result in loss of decisional autonomy and the appointment of a conservator (or guardian) by the court to protect the person and his or her estate.

Conceptual Model of Financial Capacity

Early conceptual formulations of FC were anemic and limited to unelaborated descriptions such as “money management skills” or “financial management skills.” In actual fact, FC is a complex, multidimensional construct representing a broad range of conceptual, pragmatic, and judgmental skills. This multidimensionality is reflected in the concept of limited financial competency recognized across state legal jurisdictions, where an individual may still be competent to perform some financial activities (e.g., handle basic cash transactions, write small checks) but no longer others (e.g., make investment decisions or asset transfers). In addition to multidimensionality, a conceptual model of FC should incorporate the dual performance and self-interest perspectives discussed above. For example, persons with schizophrenia may have adequate financial performance skills but lack FC because they consistently make poor judgments about how to spend their government entitlement monies.

...

  • Loading...
locked icon

Sign in to access this content

Get a 30 day FREE TRIAL

  • Watch videos from a variety of sources bringing classroom topics to life
  • Read modern, diverse business cases
  • Explore hundreds of books and reference titles

Sage Recommends

We found other relevant content for you on other Sage platforms.

Loading