Dr. Steve Portenga

Clear, Concise, Comprehensive

Civil Capacity Evaluations

Clear, Concise, Comprehensive Civil Capacity Evaluations

Dr. Steve Portenga is a Licensed Psychologist (CO) with experience in forensic and neuropsychology.

Throughout his career he has focused his work on the neuropsychological aspects of human performance and functioning. His interests have ranged from optimal human performance under pressure to performance deficits in independent decision making.

He has conducted over 2,000 psychological assessments that include questions related to capacity.

Dr. Portenga has provided forensic assessments and expert testimony for courts in Colorado. His areas of practice and expertise center on the assessment of Civil Competencies, such as in the following areas:

  • Diminished capacity indicating the need for
    • Conservatorship
    • Guardianship
  • Current and retrospective assessment of specific capacities
    • Testamentary Capacity
    • Capacity to Contract
    • Donative Capacity
    • Capacity to Convey Real Property
    • Capacity to Consent to Medical Care
  • Undue Influence

Evaluation Process

When making a clinical judgment of capacity, Dr. Portenga’s general approach is to identify and evaluate functional elements vital to the capacity, determine relevant medical and psychiatric diagnoses that may contribute to incapacity, and evaluate cognitive functioning.

He takes an evidence-based approach to evaluating capacity that includes the systematic use of multiple data sources to determine if a client meets, or previously met, the capacities described in the relevant legal standard. His work typically includes clinical interviews, medical records review, and neurocogntive assessment.

This thorough approach, using objective, peer-reviewed, and scientific methodologies, leads to highly defensible opinions which withstand judicial scrutiny.

Retrospective Assessment

When evaluating Retrospective Capacity of a client, expertise in interpreting relevant data from different sources is essential. This includes evidentiary sources such as direct testimony from witnesses who had first-hand experience with the client, the client’s medical records, relevant documentation from the time of the execution of the will, and the nature of the will itself. Retrospective capacity evaluation requires a careful analysis of relationship patterns between the testator and influential others. This involves detailed interviews with individuals whom the testator interacted with, as the relevant relationship history may not be present in the medical records.

Written Reports

The written report may often be a key piece of evidence on which the judge will rely in making a decision about a client’s capacity.

When writing reports, Dr. Portenga takes a thorough and detailed approach to reviewing records, looking for the important, but often overlooked, data that can make or break a conclusion. He has written reports that lead opposing counsel to settle before going to trial.

As part of academic career, he was asked to contribute to journal articles and book chapters due to his skill as a writer. He knows how to balance being thorough in supporting an argument, while also valuing brevity. He is especially skilled in presenting complex concepts in clear and accessible language that non-professionals can understand.

Expert Witness

An Expert Witness’s value can be bolstered or undermined by their performance when giving testimony in court. Dr. Portenga is an experienced public speaker, able to handle pressure of being cross-examined. He is well-prepared to confidently present conclusions and justifications from a report in a clear manner.