Competency Evaluations
A competency evaluation assesses whether a person currently has the mental capacity for a specific legal task, such as proceeding to trial, making medical or financial decisions, or signing a will. We Care Support Services conducts criminal and civil competency evaluations for attorneys, courts and families from offices in Orlando, West Palm Beach and Palm Beach Gardens, with objective, court-ready reports.
Our licensed clinicians are experienced in Florida’s legal standards for competence to proceed and incapacity. Call (877) 302-5628 to discuss a referral.
At We Care Support, we provide objective, evidence-based competency evaluations for legal and clinical purposes. Whether for criminal proceedings or civil matters regarding decision-making capacity, accurate forensic assessments are critical for ensuring justice and appropriate care.
Our team of licensed psychologists and forensic experts serves attorneys, courts, and families throughout Orlando, Palm Beach Gardens, and West Palm Beach. We specialize in delivering high-quality, court-admissible reports that address complex questions of mental status and legal competency.
We conduct Forensic Psychological/Psychiatric Evaluations for Criminal Matters including evaluations of Criminal Responsibility (Insanity Defense Evaluations), Competence to Stand Trial, Pre-disposition Evaluations, Sex Offender evaluations, and Juvenile evaluations.
We Care Support Services licensed clinicians have extensive experience conducting forensic evaluations for criminal matters, including Competence to Stand Trial Evaluations and Criminal Responsibility (Insanity Defense Evaluations).
What is a Competency Evaluation?
A competency evaluation is a specialized mental health assessment designed to determine an individual’s current mental state and their ability to understand and participate in specific legal or life decisions. Unlike standard therapy, these evaluations are objective and focused on answering specific legal questions.
We provide two main types of competency assessments:
1. Criminal Competency (Competence to Stand Trial)
In the criminal justice system, a defendant must be able to understand the charges against them and assist in their own defense. If mental illness or cognitive impairment is suspected, a Competency to Stand Trial evaluation is required.
Our forensic experts assess:
- The defendant’s understanding of the legal process (judge, jury, prosecutor, defense attorney).
- Their ability to reason and make informed decisions regarding their case.
- Their capacity to communicate effectively with counsel.
2. Civil Competency & Guardianship
These evaluations focus on an individual’s capacity to make medical, financial, or personal safety decisions. They are often requested for:
- Guardianship proceedings: Determining if an elderly adult or individual with disabilities requires a legal guardian.
- Medical decision-making capacity: Assessing if a patient can give informed consent for treatment.
- Testamentary capacity: Evaluating if an individual has the mental clarity to create or change a will.
Our Forensic Evaluation Services
Our licensed clinicians have extensive experience conducting forensic evaluations for a wide range of legal matters. In addition to competency, we offer:
- Criminal Responsibility Evaluations: Assessing mental state at the time of the offense (often referred to as Insanity Defense evaluations).
- Juvenile Competency Evaluations: Specialized assessments for minors in the justice system, considering developmental maturity.
- Pre-Disposition & Sentencing Evaluations: Providing the court with mental health context to inform sentencing or treatment diversion programs.
- Sex Offender Evaluations: Risk assessment and treatment planning.
The Evaluation Process
We understand the urgency and sensitivity of legal deadlines. Our process is streamlined to provide thorough yet timely results:
1. Referral & Records Review
We begin by reviewing all relevant legal documents, police reports, medical records, and prior psychological history to understand the context of the case.
2. Clinical Interview
We conduct in-depth, face-to-face interviews with the individual. For criminal matters, this often takes place in correctional facilities or our secure offices.
3. Psychological Testing
We utilize standardized forensic assessment tools to measure cognitive functioning, personality, and to screen for malingering (feigning symptoms).
4. Comprehensive Reporting
We compile our findings into a detailed, unbiased report that directly answers the referral question. Our reports are written to be clear and defensible in court.
Why Choose We Care Support?
Forensic psychology requires a unique blend of clinical expertise and legal knowledge. Clients choose We Care Support for:
- Expertise: Our team is trained in the specific legal standards required by Florida courts.
- Objectivity: We provide unbiased opinions based strictly on clinical data and evidence.
- Responsiveness: We work efficiently to meet court deadlines and communicate clearly with attorneys and families.
- Accessibility: We serve the entire Central and South Florida region with offices in Orlando and Palm Beach County.
Contact Our Forensic Team
If you are an attorney, case manager, or family member in need of a professional competency evaluation, we are here to assist.
Competence to proceed in Florida
In Florida criminal cases, competence to proceed is governed by section 916.12, Florida Statutes, and Florida Rule of Criminal Procedure 3.211. The evaluator considers whether the defendant has sufficient present ability to consult with their lawyer with a reasonable degree of rational understanding, and whether they have a rational and factual understanding of the proceedings. The report addresses specific factors, including the defendant’s appreciation of the charges and possible penalties, understanding of the adversarial process, capacity to disclose relevant facts to counsel, ability to behave appropriately in court, and capacity to testify. For juveniles, section 985.19 applies and developmental maturity is considered.
Civil competency and guardianship
In guardianship cases, Florida courts appoint an examining committee under section 744.331, Florida Statutes, to assess whether a person is incapacitated. Attorneys and families also request private capacity evaluations for questions such as medical decision-making, managing finances, or testamentary capacity (the ability to make or change a will). These evaluations look at memory, reasoning, judgment and the person’s understanding of the specific decision.
How long does a competency evaluation take?
Most evaluations involve a records review, an interview of one to three hours, targeted testing and report writing. Tell us any court deadline at referral so we can confirm availability before we accept the case.
Fees
Court-ordered evaluations begin at $250 per hour. Insurance does not usually cover forensic competency evaluations. We give an estimate after reviewing the referral. See rates and insurance.
Where we see clients
Evaluations take place at our Orlando, West Palm Beach or Palm Beach Gardens offices, or at jails, detention centers and care facilities when needed.
Competency evaluation FAQs
What happens if a defendant is found incompetent to proceed?
The court decides competency, not the evaluator. If the court finds a defendant incompetent, it may order treatment to restore competence, and the case is reviewed again later.
Can competency change over time?
Yes. Competency is about present ability, so it can improve with treatment or decline with illness. Re-evaluation is common.
Is a diagnosis enough to make someone incompetent?
No. A mental illness or intellectual disability alone does not mean a person is incompetent. The question is whether it impairs the specific abilities the law requires.
Can families request a capacity evaluation for an elderly parent?
Yes. We can assess decision-making capacity to help families and attorneys plan, although formal incapacity in guardianship is determined through the court process.
Do you screen for malingering?
Yes. We use validated measures of effort and symptom reporting as part of every forensic evaluation.
Sources
- Florida Legislature. Section 916.12, Florida Statutes: mental competence to proceed.
- Florida Legislature. Section 744.331, Florida Statutes: procedures to determine incapacity.
- American Psychological Association. Specialty guidelines for forensic psychology.