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 intended for professionals in mental health, social work, and allied fields who wish to develop or enhance their expertise in civil capacity evaluations. It is particularly relevant for those specializing in clinical or forensic psychology, social work, or related disciplines focused on assessing decision-making and functional capacities.


    Examples of Relevant Professionals:
    • 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 in legal, medical, or community-based roles related to capacity evaluations

  • Experience Level

    This training is appropriate for licensed and pre-licensed mental health professionals at various stages of experience with civil capacity evaluations.

    • Beginner: Participants new to civil capacity evaluations who seek foundational knowledge of assessment principles, legal definitions, and report writing.

    • Intermediate: Participants with some experience in civil capacity or forensic assessment who wish to deepen their understanding of best practices, error prevention, and nuanced legal/clinical considerations.

    • Advanced: Participants with substantial experience in civil capacity evaluations who aim to refine advanced assessment strategies, address complex cases, and enhance report quality through critical analysis of real-world examples.

  • Practice Setting

    Professionals apply civil capacity evaluation skills in clinical, forensic, and community settings where medical, legal, and functional decisions intersect. They work in interdisciplinary environments that require evidence-based assessment, clear reporting, and collaboration across healthcare, legal, and social service systems.


    Examples of Practice Settings:
    • Hospitals and outpatient behavioral health clinics
    • Community mental health centers and social service agencies
    • Long-term care, nursing homes, and assisted living
    • Courts, probate services, and public guardian programs
    • Private practice and forensic consultation services
    • Academic medical centers and university clinics
    • Telehealth capacity assessment services
    • Correctional and rehabilitation facilities
    • Veterans health systems and government agencies

Presented By

Randy Otto, PhD, ABPP Professor and Chief of the Division of Forensic Behavioral Sciences, University of New Mexico School of Medicine

Randy K. Otto, PhD, MLS, joined the faculty in the Department of Psychiatry & Behavioral Sciences at the University of New Mexico School of Medicine in May 2025, where he serves as Professor and Chief of the Division of Forensic Behavioral Sciences. Dr. Otto was a member of the faculty at the University of South Florida between 1989 and 2022, and Nova Southeastern University between 2022 and 2025. Dr. Otto, licensed to practice psychology in New Mexico and Florida, is board certified in clinical psychology and forensic psychology by the American Board of Professional Psychology. He earned a bachelor’s degree in psychology from the University of Rochester, and masters and doctoral degrees in clinical psychology from Florida State University. After serving as a clinical psychology intern at the Medical University of South Carolina, he completed a two year, NIMH-funded fellowship in the College of Law and Department of Psychology at the University of Nebraska, where he was awarded a master’s degree in legal studies. Dr. Otto’s research, writing, and practice is devoted to matters of forensic psychological assessment. In press is the fifth edition of Psychological Evaluations for the Courts: A Handbook for Mental Health Professionals and Lawyers, which he co-authored with co-authors Chris Slobogin, John Petrila, and Lois Oberlander. With Irv Weiner, he edited the fourth edition of the Handbook of Forensic Psychology, and he is also lead author of books devoted to forensic practice ethics and forensic report writing and testimony.

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Randy Otto, PhD, ABPP

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.