Things You Need To Know Concerning Competency Evaluations

Competency evaluations can be essential for determining whether or not a person is mentally competent enough for legal proceedings. While these evaluations can be court-ordered, it is a reality that these evaluations can be poorly understood by those that are needing to undergo these evaluations as well as those that represent these individuals.

Myth: Competency Evaluations Are Only For Criminal Cases

Criminal cases will often be among the most common situations where a competency evaluation can be required. These evaluations may be needed to affirm that the defendant is mentally competent enough to be able to stand trial. While this is one of the most common situations for the use of these services, these evaluations may be needed for civil proceedings and other disputes.

Myth: A Person Will Have To Give Up Their Rights During A Competency Evaluation

A common assumption that individuals may make when they are undergoing one of these evaluations will be that they will have to surrender some of their rights. However, this is not the case as individuals will still have rights throughout this evaluation process. For this reason, it can be common for individuals to have their attorney observe this evaluation to ensure that their rights are being protected. In the event that their rights are violated, the attorney will be able to lodge a complaint or otherwise object to it.

Myth: There Is No Appealing A Competency Evaluation

While the individuals that are tasked with completing competency evaluations will be highly trained and experienced, there will still be a risk of them making mistakes during this process. These mistakes could result in their evaluation being incorrect or otherwise flawed. If this were to occur, it may be possible for the results of the evaluation to be contested. If this occurs, an additional evaluation may be needed. However, it should be noted that a party will have to be able to demonstrate a significant error during this process that would have impacted the outcome if the results of the competency evaluation are to be overturned.

A competency evaluation can be an important part of both criminal and civil proceedings. Without one of these evaluations, it could be possible for a person that is not mentally competent to have to stand trial or otherwise face harsh judgment from the legal system. By developing an accurate understanding of these mental evaluations, it will be possible for individuals and the professionals that represent them to better understand this process.