Contemporaneous assessment of testamentary capacity

Shulman, Kenneth I.; Peisah, Carmelle; Jacoby, Robin; Heinik, Jeremia; Finkel, Sanford I.

doi:10.1017/s1041610209008874

Cited by 38 publications

(60 citation statements)

References 13 publications

(18 reference statements)

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“…This category is broader in its scope and addresses legal concerns surrounding persons with dementia within the legal context of "capacity" (e.g. Shulman et al, 2009;Jacoby, 2010;Liptzin et al, 2010;O'Neill and Peisah, 2011), "competence" (e.g. Marson et al, 1995) and "consent" (e.g.…”

Section: Law and Dementiamentioning

confidence: 99%

The legal appearances of dementia in court rulings: mapping the terrain

Doron

Werner

Spanier

et al. 2017

Int. Psychogeriatr.

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Section: Law and Dementiamentioning

confidence: 99%

The legal appearances of dementia in court rulings: mapping the terrain

Doron

Werner

Spanier

et al. 2017

Int. Psychogeriatr.

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“…6 For example, the level of cognitive capacity needed to handle a simple bank account differs from that required to appropriately manage a complex portfolio of stocks, bonds, and mutual funds. 6 For example, the level of cognitive capacity needed to handle a simple bank account differs from that required to appropriately manage a complex portfolio of stocks, bonds, and mutual funds.…”

Section: Conducting a Guardianship Assessmentmentioning

confidence: 99%

Substituted Decision Making: Elder Guardianship

Leatherman¹,

Goethe²

2009

Journal of Psychiatric Practice

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The goal of this column is to help experienced clinicians navigate the judicial system when they are confronted with requests for capacity evaluations that involve guardianship (conservatorship). The interface between the growing elderly medical population and increasing requests for substituted decision making is becoming more complex. This column will help practicing psychiatrists understand the medical, legal, and societal factors involved in adult guardianship. Such understanding is necessary in order to effectively perform guardianship evaluations and adequately inform courts, patients, and families about the psychiatric diagnoses central to substituted decision making.

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“…When deciding upon testamentary capacity, which is a legal term, used to describe the ability to make a valid will, a court is generally very heavily influenced by medical opinion. A concise and systematic approach to executing this medicolegal task, drawing from specialist guidance [2][3][4][5], is hereby outlined.…”

Section: Introductionmentioning

confidence: 99%