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How to Demonstrate Your Mental Competence in Court? · Living Deeply with Markieta Carter

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  Your mental health records don't automatically prove you're incompetent.
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  They may actually help demonstrate how well you function.
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  Hey, it's Markita, and welcome back to the Living Deeper podcast.
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  This episode is specifically for the listener who wants to know,
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  how do I demonstrate my mental competence if someone is questioning it,
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  especially in a legal or court setting?
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  Maybe someone is pointed to the fact that you've seen a psychiatrist.
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  Maybe they know that you're in therapy or counseling.
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  Maybe you've experienced anxiety, depression, grief, trauma,
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  panic attacks, or another mental health challenge.
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  And now you're wondering, how do I demonstrate that I am capable of making decisions?
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  How do I show that I understand what's happening around me? And how do I show
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  that I can manage my responsibilities?
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  And how do I respond when someone tries to use the fact that I receive mental
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  health treatment as evidence that something is wrong with me?
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  That's exactly what we're here to talk about today.
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  And I want to start with something important. Mental health treatment and legal
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  incompetence are not the same thing.
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  Having a diagnosis does not automatically mean you're incompetent.
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  Going to therapy does not automatically mean you're incompetent.
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  And seeing a psychiatrist doesn't automatically mean you're incompetent.
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  Taking prescribed psychiatric medication does not automatically mean that you're incompetent.
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  And experiencing a difficult period in your life doesn't automatically mean you're incompetent.
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  The legal standard for competence or the capacity depends on the type of case
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  and the issue before the court.
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  So it isn't about trying to prove confidence through one document.
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  It's about looking at the total picture of how you actually function.
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  Start with your mental health professionals. If your mental competence is being
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  questioned, one potential source of evidence may be the professionals who actually
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  know about your mental health history.
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  That can include your psychiatrist, psychologist, therapist, or counselor.
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  Your psychiatrist may have records showing your diagnosis, treatment history,
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  medications, appointments, symptoms, progress, and clinical observations.
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  Your therapist or counselor may have observed your insight, communication,
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  decision-making, coping skills, and your ability to recognize and address challenges.
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  But here's something important. I wouldn't automatically hand over every medical record I have.
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  Therapy records can contain incredibly private information that has nothing
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  to do with the issue before the court.
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  If this is an actual legal proceeding, talk with an attorney about what information
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  is relevant, what information may be privileged or protected,
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  and whether a focused provider statement, evaluation, or specific portion of
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  your records would be appropriate,
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  for releasing rather than your entire mental health history.
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  Number two, voluntarily seeking help can demonstrate insight on your part.
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  And this is something I really want people to understand.
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  Voluntarily receiving mental health treatment isn't automatically evidence that
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  you're incapable of managing yourself.
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  Think about what voluntarily seeking treatment requires.
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  You recognize something has happened.
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  You understood that you might benefit from getting help.
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  You found a qualified professional. You scheduled the appointment.
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  You communicated what you were experiencing.
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  You listened to their recommendations. You made decisions about your treatment,
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  and you participated in your own care.
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  Those actions can demonstrate insight.
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  They can demonstrate self-awareness. They can demonstrate problem solving and
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  they can demonstrate responsible self-management.
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  Now, I'm not saying I voluntarily went to therapy, therefore I'm legally competent. That's not how it works.
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  I'm saying something much more reasonable.
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  Seeking appropriate treatment should not automatically be interpreted as evidence of incompetence.
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  In some circumstances, the decision to proactively seek professional help may
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  actually be one of the good example of good judgment and insight.
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  Number three, document your employment stability.
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  Your professional history may also provide evidence of how you function in the real world.
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  Ask yourself, have I maintained consistent employment?
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  What responsibilities do I manage? Do I supervise other people?
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  Do I manage projects? Do I make complex decisions every day?
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  Do I meet deadlines? Do I communicate effectively?
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  Have I received promotions? Have I earned professional credentials?
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  Have I completed higher education?
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  Have I consistently performed work requiring judgment, planning,
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  organization, and problem solving?
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  Depending on the circumstances, employment verification, performance valuations,
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  professional credentials, degrees, promotions, or testimony from people with
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  firsthand knowledge of your work may help demonstrate your functioning.
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  Your career doesn't automatically establish legal confidence,
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  but it can become a piece of the larger picture.
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  Number four, document how you manage your everyday life.
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  Don't overlook ordinary life. Sometimes the strongest examples of functioning,
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  are the things you do every day.
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  Can you manage your finances? Can you pay your bills?
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  Can you maintain your home? Can you schedule and attend appointments?
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  Can you make health care decisions? Can you understand important documents?
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  Can you manage medications appropriately? Can you drive? Can you maintain employment?
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  Can you care for your children or other people who depend on you?
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  Can you recognize problems and take the appropriate action?
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  Can you advocate for yourself? Again, we're building a complete picture.
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  Not, I've never struggled, but here's how I actually function.
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  Number five, consider an independent professional evaluation.
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  If the allegation is serious and your mental competence is generally at issue.
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  Talk to your attorney about whether an independent pharistic,
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  psychological, or psychiatric evaluation would be appropriate.
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  There's an important difference between someone personally saying,
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  I think this person is unstable, and a qualified professional actually evaluating
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  the abilities relevant to the legal question.
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  Depending on those circumstances, a professional evaluation might examine things
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  like cognition, judgment, understanding, communication, decision-making,
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  memory, insight, and everyday function.
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  Let qualified professionals answer the clinical questions.
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  Number six, use credible witnesses. Think about the people who actually observe you functioning.
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  A supervisor may be able to describe your reliability and professional decision-making.
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  A colleague might be able to describe how you manage complicated responsibilities.
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  A healthcare professional might be able to describe relevant clinical observations.
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  Other people may have firsthand knowledge on how you manage your everyday responsibilities.
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  The key is firsthand knowledge.
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  You don't necessarily need someone saying she's a wonderful person.
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  You need people who can truthfully say, this is what I have personally observed.
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  Number seven, create a timeline.
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  If there's a long history involved, organize it.
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  Your timeline might include when you began treatment, why you stopped treatment,
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  periods you experienced significant symptoms,
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  what did you do in response, treatment you voluntarily participated in,
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  employment history, educational accomplishments, professional accomplishments,
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  major responsibilities you've maintained, and the current functioning.
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  And here's something else. You don't necessarily have to pretend that difficult
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  periods never happened. Maybe there was a time that you struggled.
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  Maybe you experienced severe anxiety.
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  Maybe you experienced depression. Maybe you experienced grief.
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  Maybe you even had panic attacks. The question doesn't have to become,
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  how do I erase that part of my history?
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  It can become, what happened?
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  What did I do about it? And how am I functioning now?
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  That tells a much more complete story. Number eight, don't confuse undiagnosed with more competent.
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  This is another important part of this conversation. Sometimes someone with
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  no documented medical health diagnosis may point to another person's diagnosis
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  and essentially say, I don't have a diagnosis. You do.
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  Therefore, I'm mentally healthier, more competent than you.
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  And that isn't a conclusion we can automatically make.
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  Someone who may have never been diagnosed...
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  May be completely mentally unhealthy. They may have challenges.
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  That doesn't constitute a mental health disorder. They may have challenges that
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  they never discuss with a professional, or they simply may never have been evaluated.
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  We don't know. And that's why no diagnosis is an automatically proof of superior mental health.
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  A diagnosis isn't automatically proof of incompetence.
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  Number nine, don't diagnose the other person in return.
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  This is especially important if you're involved in litigation.
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  If someone questions your mental health, it can be very tempting to start pointing
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  out everything you believe psychologically wrong with them.
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  I wouldn't do that. We don't need to say they have a mental disorder.
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  You don't need to say they're narcissistic. You don't need to say they're mentally unstable.
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  Unless you're qualified to make a diagnosis and you've actually evaluated that
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  person, those are not your clinical determinations to make.
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  Instead, if their behavior is legitimately relevant, describe observable facts.
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  What happened? When did it happen? What was said? What was done?
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  Is there documentation? Are there messages? Are there records?
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  Were there witnesses? Let documented behavior speak for itself.
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  You don't have to diagnose another person to defend yourself.
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  Number 10, keep the focus on you.
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  And this might be one of the most important recommendations of this entire episode.
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  If someone questions your mental competence. Don't allow yourself to become
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  so focused on proving something is wrong with them that you stop demonstrating what is right with you.
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  Bring it back to your function, your treatment, your insight,
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  your judgment, your career, your education, your responsibilities,
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  your decision-making, and your ability to seek appropriate assistance,
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  your ability to manage your life, your evidence.
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  Because mental health isn't a competition.
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  The question isn't which one of us has the fewer diagnoses. The better question
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  is what does the evidence demonstrate about my ability to function?
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  If you're listening because you're afraid that receiving mental health treatment
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  could someday be used against you, I want you to remember something.
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  You don't have to be ashamed of getting help. There can be a tremendous amount
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  of self-awareness and saying something isn't right and I'm going to go talk
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  to a professional about it.
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  You recognize something. you sought the appropriate assistance.
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  You participated in your own care. You developed tools and you kept living your life.
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  Receiving mental health treatment doesn't erase your accomplishments.
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  It doesn't erase your career, your education, your ability to parent,
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  your judgment, your responsibilities, and it doesn't automatically make you incompetent.
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  Your mental health history is one part of your story.
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  And it isn't the entirety of who you are or what you're capable of.
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  If this episode helped you, share it with someone who needs to hear this conversation.
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  And if you're navigating healing, boundaries, self-discovery,
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  personal growth, or simply learning how to live more authentically,
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  you can connect with me and explore my work at itsmarkita.com.
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  You can listen to more episodes of the podcast at livingdeeplypodcast.com.
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  And if you're a woman and looking for a community, there's a place centered
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  around growth, connection, and thriving, you can join us at ThrivenHumans.org.
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  This episode is intended for general education. Based on my perspective and
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  non-evaluation of any particular person, nothing in this episode should be considered
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  legal, medical, psychological, or mental health advice.
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  And if your mental competence is actually being challenged in a legal proceeding,
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  you need to speak with a qualified attorney and appropriate mental health professionals
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  about your specific circumstances.
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  I'm Arkita, and this is the Living Deeper Podcast. Until next time,
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  keep choosing yourself, keep protecting your peace, and keep living deeply.