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Testamentary capacity

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https://www.readbyqxmd.com/read/27538441/neuropsychologist-experts-and-civil-capacity-evaluations-representative-cases
#1
REVIEW
Paul M Kaufmann
Clinical neuropsychologists accept more forensic referrals now and spend more time in forensic consulting than ever before. Recent surveys show weekly hours devoted to forensic consulting increased 97% in the past decade. During the same time period, the number of board certified neuropsychologists more than doubled. Under recently published Specialty Guidelines for Forensic Psychology, clinical neuropsychologists practice forensic psychology when applying scientific, technical, or specialized knowledge of neuropsychology to the law to assist in addressing legal, contractual, or administrative matters...
September 2016: Archives of Clinical Neuropsychology: the Official Journal of the National Academy of Neuropsychologists
https://www.readbyqxmd.com/read/27498603/right-to-property-inheritance-and-contract-and-persons-with-mental-illness
#2
Dinesh Bhugra, Soumitra Pathare, Rajlaxmi Joshi, Renuka Nardodkar, Julio Torales, Edgardo Juan L Tolentino, Rubens Dantas, Antonio Ventriglio
Discrimination against people with mental illness is rife across the globe. Among different types of discrimination is the policy in many countries where persons with mental illness are forbidden to inherit property, and they are not able to enter into a contract in a large number of countries. Using various databases, legislations dealing with law of contract, law of succession/inheritance, and law relating to testamentary capacity (wills) of all UN Member states (193 countries) were studied. With respect to federal countries, the laws of the most populous state as a representative state in the respective country were studied...
August 2016: International Review of Psychiatry
https://www.readbyqxmd.com/read/27155827/mental-capacity-assessments-among-inpatients-referred-to-the-consultation-liaison-psychiatry-unit-at-a-university-hospital-in-bangkok-thailand
#3
Pornjira Pariwatcharakul, Supachoke Singhakant
Clinicians routinely assess patients' mental capacity on a daily basis, but a more thorough assessment may be needed in complex cases. We aimed to identify the characteristics of inpatients in a general hospital, who were referred to a liaison psychiatry service for mental capacity assessment, reasons for the referrals, and the factors associated with their mental capacity. A 6-year retrospective study (2008-2013) was conducted using data collected routinely (e.g., age, gender, diagnosis, Thai Mental State Examination score, reasons for the referral, and the outcome of capacity assessment) on referrals for mental capacity assessment to a Consultation-liaison Psychiatry Unit at a university hospital in Thailand...
May 7, 2016: Psychiatric Quarterly
https://www.readbyqxmd.com/read/27013498/too-ill-to-will-deathbed-wills-assessing-testamentary-capacity-near-the-end-of-life
#4
Kelly Purser, Tuly Rosenfeld
Assessing testamentary capacity in the terminal phase of an illness or at a person's deathbed is fraught with challenges for both doctors and lawyers. Numerous issues need to be considered when assessing capacity for a will. These issues are exacerbated when such an assessment needs to be undertaken at the bedside of a dying patient. The nature and severity of the illness, effects on cognition of the terminal illness, effects of medication, urgency, psychological and emotional factors, interactions with carers, family and lawyers, and a range of other issues confound and complicate the assessment of capacity...
May 2016: Age and Ageing
https://www.readbyqxmd.com/read/26554203/assessing-testamentary-and-decision-making-capacity-approaches-and-models
#5
Kelly Purser, Tuly Rosenfeld
The need for better and more accurate assessments of testamentary and decision-making capacity grows as Australian society ages and incidences of mentally disabling conditions increase. Capacity is a legal determination, but one on which medical opinion is increasingly being sought. The difficulties inherent within capacity assessments are exacerbated by the ad hoc approaches adopted by legal and medical professionals based on individual knowledge and skill, as well as the numerous assessment paradigms that exist...
September 2015: Journal of Law and Medicine
https://www.readbyqxmd.com/read/26438815/expanding-slayer-statutes-to-elder-abuse
#6
Jennifer Piel
Common law has a dictum that people must not benefit from their crimes. In years past, states have enacted slayer rules to prevent killers from inheriting from their victims. The specific criteria and applicability of slayer rules vary by jurisdiction. Recently, several states, including Washington, have expanded their slayer rules to disqualify persons from inheriting if they have been involved in abuse or financial exploitation of the deceased. Reviewed herein are the abuse disinheritance laws, the relationship of the laws to concepts of testamentary capacity and undue influence, and the relevance to forensic psychiatric evaluations...
September 2015: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/26438805/cognitive-fluctuations-and-the-lucid-interval-in-dementia-implications-for-testamentary-capacity
#7
Kenneth I Shulman, Ian M Hull, Sam DeKoven, Sean Amodeo, Brian J Mainland, Nathan Herrmann
The lucid interval is a long-held legal concept widely accepted in case law as a possible means of countering a challenge to testamentary and related capacities. In parallel, the clinical phenomenon of cognitive fluctuations has been considered a common element of several neurodegenerative disorders (dementias), including Alzheimer Disease, but is especially prevalent in vascular dementia and dementia with Lewy bodies. In this article, we review the objective evidence for cognitive fluctuations in dementia and the implications for the validity of the legal notion of the lucid interval cited in recent case law...
September 2015: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/26330385/limits-on-testamentary-freedom-for-people-with-dementia-in-albania-innovative-practice
#8
Gentian Vyshka, Jera Kruja
The extent to which dementia affects a person's testamentary capacity has been the subject of much litigation with some countries introducing legal tests to assess capacity. In light of substantial societal change in Albania in the last two decades and an epidemic of property litigation, Albanian legal practice is witnessing an increasing number of attempts to posthumously nullify wills. Plaintiffs are mainly relatives of the deceased testator who are unhappy with the quantity or quality of the property they have inherited...
September 1, 2015: Dementia
https://www.readbyqxmd.com/read/26027685/relinquishing-or-taking-control-community-perspectives-on-barriers-and-opportunities-in-advance-care-planning
#9
Vanette E J McLennan, Jennifer H M Boddy, Michelle G Daly, Lesley M Chenoweth
OBJECTIVE: This paper reports on the experiences and perspectives of community members in relation to advance healthcare directives and enduring power of attorney, including the factors that encourage or discourage engagement in advance care planning (ACP). METHODS; A qualitative methodology was used involving 26 in-depth telephone interviews with community members (mean age 66 years). The aims of the interview question were to gain an understanding of: (1) motivations for engaging in ACP; (2) barriers that prevent people from engaging in ACP; and (3) suggestions for promoting ACP...
November 2015: Australian Health Review: a Publication of the Australian Hospital Association
https://www.readbyqxmd.com/read/25693789/a-therapeutic-approach-to-assessing-legal-capacity-in-australia
#10
Kelly Purser, Eilis S Magner, Jeanne Madison
Australia lacks a satisfactory, national paradigm for assessing legal capacity in the context of testamentary, enduring power of attorney and advance care directive documents. Capacity assessments are currently conducted on an ad hoc basis by legal and/or medical professionals. The reliability of the assessment process is subject to the skill set and mutual understanding of the legal and/or medical professional conducting the assessment. There is a growth in the prevalence of diseases such as dementia. Such diseases impact upon cognition which increasingly necessitates collaboration between the legal and medical professions when assessing the effect of mentally disabling conditions upon legal capacity...
January 2015: International Journal of Law and Psychiatry
https://www.readbyqxmd.com/read/25359928/last-wills-and-testaments-in-a-large-sample-of-suicide-notes-implications-for-testamentary-capacity
#11
Mark Sinyor, Ayal Schaffer, Ian Hull, Carmelle Peisah, Kenneth Shulman
BACKGROUND: The leaving of a will prior to death by suicide is a relatively unexplored area. AIMS: To determine the frequency and details of will content in suicide notes. METHOD: Coroner records for 1565 deaths by suicide in Toronto (2003-2009) were reviewed for (a) will content and (b) the presence of depression, psychotic illness, dementia and intoxication prior to death. RESULTS: In total, 59 (20.7%) of 285 available suicide notes were found to have will content...
January 2015: British Journal of Psychiatry: the Journal of Mental Science
https://www.readbyqxmd.com/read/25256794/-assessment-of-legal-capacity-and-testamentary-capacity
#12
H Dreßing, K Foerster, J Leygraf, F Schneider
The assessment of legal capacity and testamentary capacity require thorough knowledge of the legal framework and the relevant case law. This paper explains the concept of the legal capacity to contract and the concept of testamentary capacity with respect to German civil law. The relevance of major mental disorders for the assessment of legal capacity and testamentary capacity is discussed.
November 2014: Der Nervenarzt
https://www.readbyqxmd.com/read/24761700/testamentary-capacity-of-the-schizophrenic-patient
#13
Tal Bergman-Levy, Jeremia Heinik, Yuval Melamed
Testamentary capacity refers to an individual's capability to write his or her own will. Psychiatrists are required occasionally to give expert opinions regarding the testamentary capacity of individuals with a medical history or suspected diagnosis of a mental illness. This may stem from the patient/lawyer/ family initiative to explore the current capacity to testate in anticipation of a possible challenge, or may be sought when testamentary capacity of a deceased has been challenged. In this article we examine the medico-legal construct of testamentary capacity of the schizophrenic patient, and discuss the various clinical situations specific to schizophrenic patients, highlighting their impact on the medical opinion regarding testamentary capacity through examining the rulings of Israel's Supreme Court in a specific case where the testamentary capacity of a mentally ill individual who was challenged postmortem, and provide a workable framework for the physician to evaluate the capacity of a schizophrenic patient to write a will...
March 2014: Israel Medical Association Journal: IMAJ
https://www.readbyqxmd.com/read/24459315/forensic-evaluations-in-psychiatry
#14
R K Chadda
Forensic psychiatry is an important subspecialty of psychiatry. Forensic psychiatrists play an important role in the society in assisting the judiciary in many complicated cases. In India, forensic psychiatry work is undertaken mostly by the general psychiatrists. Forensic psychiatric assessments are often associated with an element of anxiety or fear for a young psychiatrist. The present paper aims at familiarizing the readers with forensic evaluation in various situations so that they are able to carry out the assessments in real-life situations comfortably...
October 2013: Indian Journal of Psychiatry
https://www.readbyqxmd.com/read/24229806/financial-and-testamentary-capacity-evaluations-procedures-and-assessment-instruments-underneath-a-functional-approach
#15
REVIEW
Liliana B Sousa, Mário R Simões, Horácio Firmino, Carmelle Peisah
BACKGROUND: Mental health professionals are frequently involved in mental capacity determinations. However, there is a lack of specific measures and well-defined procedures for these evaluations. The main purpose of this paper is to provide a review of financial and testamentary capacity evaluation procedures, including not only the traditional neuropsychological and functional assessment but also the more recently developed forensic assessment instruments (FAIs), which have been developed to provide a specialized answer to legal systems regarding civil competencies...
February 2014: International Psychogeriatrics
https://www.readbyqxmd.com/read/24182357/deathbed-wills-assessing-testamentary-capacity-in-the-dying-patient
#16
REVIEW
C Peisah, J Luxenberg, B Liptzin, A P Wand, K Shulman, S Finkel
BACKGROUND: Deathbed wills by their nature are susceptible to challenge. Clinicians are frequently invited to give expert opinion about a dying testator's testamentary capacity and/or vulnerability to undue influence either contemporaneously, when the will is made, or retrospectively upon a subsequent challenge, yet there is minimal discourse in this area to assist practice. METHODS: The IPA Capacity Taskforce explored the issue of deathbed wills to provide clinicians with an approach to the assessment of testamentary capacity at the end of life...
February 2014: International Psychogeriatrics
https://www.readbyqxmd.com/read/24157990/review-of-capacity-assessments-and-recommendations-for-examining-capacity
#17
Heather Astell, Jae-Hyun Lee, Shankar Sankaran
AIM: To audit the capacity assessments performed since December 2007 by Community Geriatric Services (CGS), Middlemore Hospital, and to develop a resource kit for training health professionals. METHOD: 1343 clinical letters were reviewed. Demographic data, reason for assessment and outcome of assessment were recorded. Data was analysed to reveal trends. RESULTS: There were 87 capacity assessments on 82 unique patients. The numbers of referrals for capacity assessments have increased since December 2007...
September 27, 2013: New Zealand Medical Journal
https://www.readbyqxmd.com/read/23107570/testamentary-capacity-and-guardianship-assessments
#18
REVIEW
Jason G Roof
This article discusses the ever-increasing opportunity for forensic mental health evaluators to provide assistance to the legal system in the areas of testamentary capacity and guardianship assessments. These areas of evaluation are defined, and a discussion of preparation and execution of effective evaluations is provided. The legal concepts of undue influence and insane delusion are defined and applied to the evaluator's interview. Common cognitive concerns such as dementia and delirium may affect an evaluee's capacity, and their presence and effect on the evaluee are considered...
December 2012: Psychiatric Clinics of North America
https://www.readbyqxmd.com/read/22520369/testamentary-capacity-a-practical-guide-to-assessment-of-ability-to-make-a-valid-will
#19
REVIEW
K M Kennedy
Medical practitioners are occasionally requested to provide opinions on people's ability to make a valid will. Moreover, if a will is challenged subsequent to the death of the testator, the evidence of a medical practitioner may be pivotal to a decision by the courts on the validity of the will. Litigation can be avoided if a well-founded expert opinion, based on thorough medical assessment, is available. The combination of an aging population, a consequent increase in the prevalence of dementia, an increase in per capita wealth, and more complex family structures with increasing rates of divorce and remarriage, is likely to result in a greatly increased frequency of demands on medical practitioners to provide opinion in this regard...
May 2012: Journal of Forensic and Legal Medicine
https://www.readbyqxmd.com/read/21980671/-forensic-psychiatry-determination-of-mental-capacity
#20
REVIEW
(no author information available yet)
Forensic psychiatry determination is, ordered by a court, the analysis and interpretation of medical facts with important legal implications. In that sense, psychiatrists (or neuropsychiatrists), apart from their professional expertise, must be familiar with legal, economical and social significance of medical data, so that their forensic reports are clear and useful in the context of legal procedure. This review deals with forensic psychiatry aspects of mental capacity. In the introduction of the article, the explanation of relevant concepts such as mental capacity, contractual and testamentary capacity, informed consent, undue influence and forensic determination in light of Serbian statutory law is presented...
July 2011: Srpski Arhiv za Celokupno Lekarstvo
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