California Law and Ethics Practice Exam

Which circumstance is least relevant when determining an elder's capacity to consent to sexual relations?

1. The elder has received mental health therapy

2. The elder is intoxicated at the time of giving consent

3. The elder is under the influence of medication

4. The elder's cognitive functions are assessed as stable

The correct answer is: The elder is intoxicated at the time of giving consent

In determining an elder's capacity to consent to sexual relations, assessing the elder's cognitive functions as stable is highly relevant, as it directly relates to the individual's ability to understand and make informed decisions. Similarly, the context of medication usage and mental health therapy can provide insights into the elder's mental state and capacity for informed consent. The circumstance regarding intoxication, however, tends to be less relevant compared to the others. While intoxication can influence decision-making capacity, the broader assessment of an individual’s overall mental health, medication effects, and cognitive functioning carries more weight in the holistic evaluation of their ability to provide valid consent. The focus on ongoing cognitive assessments and treatment insights emphasizes a more stable and informed understanding of the elder's capacity, which takes precedence over transient states of intoxication.