Capacity Is Not Static: Neuropsychologists as Expert Witnesses and Fluctuating Decision-Making
In medico-legal proceedings, mental capacity is often treated as a fixed state: a person either has capacity or does not. In reality, this binary approach rarely reflects how the brain functions in everyday life. Capacity can fluctuate across time, context, and emotional state — particularly in individuals with neurological injury, neurocognitive decline, mental illness, or...


