This Order for Competency Examination is an official document from the Michigan State Court Administration Office, and it complies with all applicable state and Federal codes and statutes. USLF updates all state and Federal forms as is required by state and Federal statutes and law.
Michigan Order for Competency Examination
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It is the attorney's responsibility to determine legal competency of the person who will be signing documents. While that can be accomplished in many ways, it is the attorney's duty to make a legal determination (not judicial, although this is sometimes necessary) of competence.
A competency evaluation is a court-ordered mental health assessment to determine how much a defendant remembers and understands about his or her charges and alleged offense, as well as his or her capacity to understand court proceedings and assist a lawyer in their defense.
In determining whether the defendant is competent to stand trial, the court must determine "whether the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding -- and whether he has a rational as well as factual understanding of the proceedings against
Capacity is a person's ability to make an informed decision. A determination of competency is a judicial finding made by the court. A physician can opine about a patient's capacity, but cannot determine competency. Adults are presumed to have capacity unless determined otherwise by the court.
Simply put, competency refers to the mental ability and cognitive capabilities required to execute a legally recognized act rationally. The determination of incompetence is a judicial decision, i.e., decided by the court. An individual adjudicated by the court as incompetent is referred to as de jure incompetent.
In determining whether the defendant is competent to stand trial, the court must determine "whether the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding -- and whether he has a rational as well as factual understanding of the proceedings against
The determination of whether a defendant is competent is left to the judge. The judge must decide competency before trial, as soon as reasonably possible after it comes into question. The prosecution, defense counsel, and even the court can raise the issue at any time.
Competency is a global assessment and legal determination made by a judge in court. Capacity is a functional assessment and a clinical determination about a specific decision that can be made by any clinician familiar with a patient's case.
It consists of two components: (1) foundational competence- a basic understanding of the trial process as well as the capacity to provide a lawyer with informational relevant to the trial: and (2) decisional competence- the capacity to make informed, independent decisions.