Basic Principles Relevant to Assessing Patients’ Decision Making Capacity-Randy K. Otto, PhD

Randy K. Otto, PhD, is a board-certified clinical and forensic psychologist and chief of the Division of Forensic Behavioral Sciences in the UNM Department of Psychiatry & Behavioral Sciences. He served as a member of the faculties of the University of South Florida and Nova Southeastern University for 35 years arriving in the Land of Enchantment in the summer of 2025. Dr. Otto’s research, writing, and clinical work has focused on assessment of persons’ decision making abilities in criminal and legal proceedings, and his publications have been cited by federal appellate courts and the US Supreme Court.

Learning Objectives:
1. Describe why, although decision making capacity lies along a continuum, it is routinely considered in dichotomous terms
2. Identify the value of “asking why” when it comes to assessing patients’ decision making capacity
3. Describe why medical and psychological tests have limited utility when it comes to assessing patients’ decision making capacity

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