Abstract
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. Evaluators are encouraged to carefully consider specific capacities related to the relevant legal questions posed.
| Original language | English (US) |
|---|---|
| Pages (from-to) | 915-927 |
| Number of pages | 13 |
| Journal | Psychiatric Clinics of North America |
| Volume | 35 |
| Issue number | 4 |
| DOIs | |
| State | Published - Dec 2012 |
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Keywords
- Capacity assessment
- Geriatric psychiatric assessment
- Guardianship
- Insane delusion
- Testmentary capacity
- Undue influence
- Ward
- Wills
ASJC Scopus subject areas
- Psychiatry and Mental health
Cite this
Testamentary Capacity and Guardianship Assessments. / Roof, Jason G.
In: Psychiatric Clinics of North America, Vol. 35, No. 4, 12.2012, p. 915-927.Research output: Contribution to journal › Article
}
TY - JOUR
T1 - Testamentary Capacity and Guardianship Assessments
AU - Roof, Jason G
PY - 2012/12
Y1 - 2012/12
N2 - 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. Evaluators are encouraged to carefully consider specific capacities related to the relevant legal questions posed.
AB - 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. Evaluators are encouraged to carefully consider specific capacities related to the relevant legal questions posed.
KW - Capacity assessment
KW - Geriatric psychiatric assessment
KW - Guardianship
KW - Insane delusion
KW - Testmentary capacity
KW - Undue influence
KW - Ward
KW - Wills
UR - http://www.scopus.com/inward/record.url?scp=84868090208&partnerID=8YFLogxK
UR - http://www.scopus.com/inward/citedby.url?scp=84868090208&partnerID=8YFLogxK
U2 - 10.1016/j.psc.2012.08.011
DO - 10.1016/j.psc.2012.08.011
M3 - Article
C2 - 23107570
AN - SCOPUS:84868090208
VL - 35
SP - 915
EP - 927
JO - Psychiatric Clinics of North America
JF - Psychiatric Clinics of North America
SN - 0193-953X
IS - 4
ER -