6 Hours / 6 CEs

On Demand | Self-Paced Professional Training

This on-demand professional training program on Assessing Civil Capacities is presented by Randy Otto, Ph.D., ABPP.

The program begins with a discussion of assessment principles that apply to all civil capacity evaluations, regardless of their specific focus. Next, characteristics of good and bad civil capacity evaluations and the reports that summarize them are reviewed using documents extracted from actual cases (i.e., report excerpts, test data, and affidavits). Then, for a number of specific rights/capacities, the legal definition/operationalization is offered, followed by a discussion of appropriate assessment strategies. In addition to consideration of specific competencies, including the capacity to testify, write a will (testamentary capacity), manage finances, and make health care decisions, related matters are discussed, including undue influence and conducting guardianship/conservatorship evaluations.

Learning Objectives

Upon completion of this training, participants will be able to:

  • 1 Describe why civil capacities are typically less well-defined than criminal competencies and the extra efforts examiners should make when assessing civil capacities in response.
  • 2 Describe predicate impairment(s) that should be present if any opinion of impaired capacity is going to be offered.
  • 3 Describe key components of good civil capacity evaluations and the reports that summarize them.
  • 4 Describe errors that examiners are likely to make when conducting civil capacity evaluations and writing reports summarizing them.
  • 5 Describe the law defining the capacities to testify, execute a will, manage finances, and make health care decisions, and identify and employ resulting strategies for valid assessment of these psycholegal constructs.
  • 6 Describe rights that are often at issue in the context of guardianship/conservatorship proceedings and identify strategies for valid assessment of these rights.
  • 7 Describe “undue influence” as it applies to matters of legal decision making, and identify indicators of it.

  • Intended Audience

    This training is designed for professionals in mental health, social work, and related allied fields who wish to develop or enhance their expertise in civil capacity evaluations. It is suitable for individuals at all experience levels, from beginners to advanced practitioners, and is particularly relevant for those specializing in clinical or forensic psychology, social work, or similar disciplines. The training is applicable to professionals working in diverse settings, including courts, hospitals, guardianship/conservatorship environments, and private practice.

  • Experience Level

      This training is applicable for all career stages: entry-level, mid-career, and experienced professionals.
    • Beginners seeking foundational knowledge in civil capacity evaluations.
    • Intermediate practitioners looking to expand their assessment skills.
    • Advanced professionals aiming to refine their expertise and stay updated on best practices.

  • Practice Setting

    • Mental health professionals (e.g., psychologists, psychiatrists, counselors).
    • Social workers (clinical and forensic).
    • Allied professionals involved in capacity assessments (e.g., occupational therapists, case managers).
    • Professionals working in legal, medical, or community-based settings.

Presented By

Randy Otto, PhD, ABPP

Randy Otto, Ph.D., ABPP is an Associate Professor in the NSU Department of Clinical and School Psychology. Previously, he was a faculty member in the Department of Mental Health Law & Policy at the University of South Florida, where he served for 33 years. Dr. Otto was awarded doctoral and master’s degrees in clinical psychology from Florida State University, and a bachelor’s degree in psychology from the University of Rochester. Dr. Otto’s research and writing focus on forensic psychological assessment. He has developed two psychological tests that are used in forensic assessment settings, and he has authored and edited books on forensic psychological evaluation, expert testimony and report writing, ethics in forensic psychology practice, assessment of trial competence, violence risk assessment and Florida mental health law. Dr. Otto has served as president of the American Psychology-Law Society, the American Board of Forensic Psychology, and the Board of Trustees of the American Board of Professional Psychology. He is a fellow of the American Psychological Association (Division 41) and has received awards for his professional contributions from the American Academy of Forensic Psychology, the American Psychology-Law Society, the Society for Personality Assessment, the New York State Psychological Association, the University of Nebraska, and the University of California, San Francisco. He currently serves as Executive Director of the American Board of Forensic Psychology. Dr. Otto shares that his daughter is continually amazed that some are actually willing to pay to hear him speak, when she regularly volunteers to pay to have him shut up. When not at work or with his wife and daughter, Dr. Otto is likely to be found at a poker table or on a motorcycle.

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Randy Otto, PhD, ABPP

Training Outline

Key topics covered in this training include:

  • Discussion of assessment principles.

  • Characteristics of good and bad evaluations.

  • Legal definition/operationalization of rights/capacities.

CE Sponsorship Information

Palo Alto University, Continuing & Professional Studies (CONCEPT) is approved by, recognized by, or maintains sponsorship provider status with the following boards and agencies. We maintain responsibility for all content in our CE/CPD programs. For more information, visit here. 

  1. American Psychological Association (APA): Approved sponsor of continuing education for psychologists.

  2. Association of Social Work Boards (ASWB): Approved continuing education provider (ACE program, Provider #1480), 11/22/2023–11/22/2026.

  3. Canadian Psychological Association (CPA): Approved to sponsor continuing education for psychologists.

  4. National Board for Certified Counselors (NBCC): Approved Continuing Education Provider (ACEP No. 7190).



Palo Alto University, Continuing and Professional Studies (CONCEPT) is approved by the American Psychological Association to sponsor continuing education for psychologists. Palo Alto University, Continuing and Professional Studies (CONCEPT) maintains responsibility for this program and its content. Palo Alto University, Continuing and Professional Studies (CONCEPT), is approved by the Canadian Psychological Association to offer continuing education for psychologists. Palo Alto University, Continuing and Professional Studies (CONCEPT), SW CPE is recognized by the New York State Education Department’s State Board for Social Work as an approved provider of continuing education for licensed social workers #SW-0356 and the New York State Education Department’s State Board for Mental Health Practitioners as an approved provider of continuing education for licensed mental health counselors. #MHC-0073. Palo Alto University, Continuing and Professional Studies (CONCEPT) has been approved by NBCC as an Approved Continuing Education Provider, ACEP No. 6811. Programs that do not qualify for NBCC credit are clearly identified. CONCEPT Professional Training, #1480, is approved to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Organizations, not individual courses, are approved as ACE providers. State and provincial regulatory boards have the final authority to determine whether an individual course may be accepted for continuing education credit. CONCEPT Professional Training maintains responsibility for this course. ACE provider approval period: 11/22/23-11/22/26. Social workers completing this course receive (clinical or social work ethics) continuing education credits.