A Case for the Standardized Assessment of Testamentary Capacity
نویسندگان
چکیده
Background With an increasingly aged, frail population that holds a disproportionate amount of wealth, clinicians (especially those with expertise in older adults) may be asked with more frequency to offer a clinical opinion on testamentary capacity (TC), the mental capacity to make a will. Method This paper reviews the legal criteria as well as the empirical research on assessment tools for determining testamentary capacity (TC). We also review the relevance of instruments used for the assessment of other decisional capacities in order to evince the potential value of developing a standardized assessment of TC for clinician experts. Results The legal criteria, often referred to as a "test", for determining requisite TC (Banks v. Goodfellow) have remained much the same since 1870 with minimal clinical input and, as such, there has been little development in TC assessment instruments. Decisional instruments designed to assess Consent to Treatment may have relevance for TC. Conclusion We make the case for a semi-structured interview that includes standardized criteria for the legal test for TC, supplemented by a validated brief neuropsychological assessment, which together comprise a Contemporaneous Assessment Instrument (CAI) for TC.
منابع مشابه
Contemporaneous assessment of testamentary capacity.
BACKGROUND Challenges to wills on the basis of lack of testamentary capacity and/or undue influence are likely to increase over the next generation. Since contemporaneous assessment of testamentary capacity can be a powerful influence on the outcome of such challenges, there will be an associated increase in requests for expert assessment of testamentary capacity. There is a need to provide suc...
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OBJECTIVES The aim of this study was to establish the morbidity structure among testators whose wills were challenged as well as to reveal if there is a specific relationship between certain diagnostic categories in the testators' health status and forensic psychiatry expert opinion on testamentary incapacity. SUBJECTS AND METHODS The authors analyzed 156 consecutive forensic psychiatry repor...
متن کاملReflections on changes in defining testamentary capacity.
Reflections on changes in defining testamentary capacity Old age psychiatrists are often called upon to give expert evidence in challenges of testamentary capacity. The nineteenth-century English case, Banks v. Goodfellow (1870) remains the hallmark case for defining the criteria for testamentary capacity in Australia and other Common Law countries. However, a need to go beyond the traditional ...
متن کاملReflections on changes in defining testamentary capacity
Reflections on changes in defining testamentary capacity Old age psychiatrists are often called upon to give expert evidence in challenges of testamentary capacity. The nineteenth-century English case, Banks v. Goodfellow (1870) remains the hallmark case for defining the criteria for testamentary capacity in Australia and other Common Law countries. However, a need to go beyond the traditional ...
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