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Statements posted on this blog represent the views of individual authors and do not necessarily represent the views of the Center for Law Science & Innovation (which does not take positions on policy issues) or of the Sandra Day O'Connor College of Law or Arizona State University.

Prof. Grey on Biomarkers and Competency Determinations

The Center hosted its 8th biennial conference on the brain and the law on December 8, 2017. This year’s conference, The Aging Brain: Medical, Legal, and Ethical Perspectives, explored the latest developments in neuroscience, genetics, and clinical practice related to the treatment of dementia and aging.

Faculty Fellow and Professor Betsy Grey spoke on a panel on mental competency and capacity determinations in light of the newest developments in neuroscience at The Aging Brain conference on December 8, 2017. Specifically, Grey discussed the impact of biomarker testing for mental decline, which may identify the likelihood and progress of dementia before symptoms manifest in an individual.

Although courts may already take into account diagnosed conditions when making competency determinations, Gray noted that how biomarker tests will play into such determinations is an “unexplored area.” With time and widespread use, biomarker testing data will become more consistent, accurate, and useful for courts in competency hearings. But we must also guard against misrepresentation and misuse of these tests.

Grey spoke on the Competency and Incapacity: Assessment and Consent panel, along with Hon. Jay M. Polk, Superior Court of Arizona for Maricopa County; Katherine Pearson, Dickinson School of Law; and Elizabeth Leonard, Neurocognitive Associates.

Read more about the panel and its great speakers here: ASU Law Hosts Conference on End-of-life Issues.