Mapping dementia and cognitive decline in testamentary capacity
نویسندگان
چکیده
منابع مشابه
Cognitive Fluctuations and the Lucid Interval in Dementia: Implications for Testamentary Capacity.
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 d...
متن کاملTestamentary Capacity Litigation in Virginia
In Rust v. Reid,' a 1918 case involving testamentary capacity, the Supreme Court of Virginia wrote the "cases upon this subject are almost without number, and they are not to be reconciled," 2 but Rust referred to "all of the decisions of this court on the subject of competency of jurors," which also had been at issue in the case. However, in its decision in Rust, the Court easily could have le...
متن کاملContemporaneous 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...
متن کاملNutritional factors, cognitive decline, and dementia.
Nutritional factors and nutritional deficiencies have been repeatedly associated with cognitive impairment. Most of the evidence is based on cross-sectional studies, which cannot prove whether a nutritional deficit is the cause or the consequence of an impaired cognitive status. In fact, cognitive impairment, in turn, can determine changes in dietary habits and consequent nutritional deficienci...
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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ژورنال
عنوان ژورنال: International Journal of Law and Psychiatry
سال: 2019
ISSN: 0160-2527
DOI: 10.1016/j.ijlp.2019.101450