Testamentary capacity and the role of the physician

2014 ◽  
pp. 109-114
Keyword(s):  
Testamentary Capacity

Limits on testamentary freedom for people with dementia in Albania: Innovative Practice

Dementia ◽  
2015 ◽  
Vol 16 (5) ◽  
pp. 658-664
Author(s):  
Gentian Vyshka ◽  
Jera Kruja
Keyword(s):  
Ethical Issues ◽  
Expert Witness ◽  
Societal Change ◽  
Legal Practice ◽  
People With Dementia ◽  
Prescription Drug Use ◽  
Testamentary Capacity ◽  
The Subject

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. Based on plaintiffs’ claims, solicitors may request expert neuropsychiatric reviews postmortem, often basing their position on prescription drug use by the testator during his/her last years of life. The authors discuss ethical issues intrinsically related to the difficult role of a potential expert witness in these litigation cases.

scholarly journals The Role of the Medical Expert in the Retrospective Assessment of Testamentary Capacity

2020 ◽  
pp. 070674372091500
Author(s):  
Kenneth Shulman ◽  
Nathan Herrmann ◽  
Hayley Peglar ◽  
Daniel Dochylo ◽  
Clare Burns ◽  
...  
Keyword(s):  
Cognitive Disorders ◽  
Relevant Information ◽  
Case Law ◽  
Medical Expert ◽  
Retrospective Assessment ◽  
Legal Perspective ◽  
Testamentary Capacity ◽  
Health Experts

Objectives: Physicians and other mental health experts are increasingly called on to assist the courts with the determination of testamentary capacity. We aim to improve the understanding of the retrospective assessment of testamentary capacity for medical experts in order to provide more useful reports for the court’s determinations and to provide a methodology for the retrospective assessment of testamentary capacity. Method: Medical experts with experience in the retrospective assessment of testamentary capacity collaborated with lawyers who practice estate litigation. The medical literature on the assessment of testamentary capacity was reviewed and integrated. The medical experts provided a clinical perspective, while the lawyers ensured that the case law and legal perspective were integrated into this review. Results: The focus and limitations of the medical expert are outlined including the need to be objective, nonpartisan, and fair. For the benefit of the court, the medical expert should describe the nature and severity of relevant medical, psychiatric, and cognitive disorders, and how they may impact on the specific criteria for testamentary capacity as defined by the leading case of Banks v Goodfellow. Medical experts should opine only on the issue of vulnerability to influence and defer to the court to determine the facts of the case regarding any influence that may have been exerted. Conclusions: Although the ultimate determination of testamentary capacity is a legal one, medical experts can help the court achieve the most informed legal decision by providing relevant information on clinical issues that may impact the criteria for testamentary capacity.

Role of dactinomycin in the improved survival of children with Wilms' tumor

JAMA ◽  
1966 ◽  
Vol 195 (12) ◽  
pp. 1005-1009 ◽  
Author(s):  
D. J. Fernbach
Keyword(s):  
Wilms Tumor

Role of the allergist in diagnosis and management of patients with uveitis

JAMA ◽  
1966 ◽  
Vol 195 (3) ◽  
pp. 167-172 ◽  
Author(s):  
T. E. Van Metre
Keyword(s):  
Diagnosis And Management

The power of norms to sway fused group members

2018 ◽  
Vol 41 ◽  
Author(s):  
Winnifred R. Louis ◽  
Craig McGarty ◽  
Emma F. Thomas ◽  
Catherine E. Amiot ◽  
Fathali M. Moghaddam
Keyword(s):  
Evolutionary Anthropology ◽  
Normative Systems ◽  
Violent Extremism ◽  
Identity Fusion ◽  
Group Members

AbstractWhitehouse adapts insights from evolutionary anthropology to interpret extreme self-sacrifice through the concept of identity fusion. The model neglects the role of normative systems in shaping behaviors, especially in relation to violent extremism. In peaceful groups, increasing fusion will actually decrease extremism. Groups collectively appraise threats and opportunities, actively debate action options, and rarely choose violence toward self or others.

Elaborating the role of reflection and individual differences in the study of folk-economic beliefs

2018 ◽  
Vol 41 ◽  
Author(s):  
Kevin Arceneaux
Keyword(s):  
Decision Making ◽  
Individual Differences ◽  
Cognitive Processes ◽  
Evolutionary History ◽  
Behavioral Responses ◽  
History Of ◽  
Economic Beliefs

AbstractIntuitions guide decision-making, and looking to the evolutionary history of humans illuminates why some behavioral responses are more intuitive than others. Yet a place remains for cognitive processes to second-guess intuitive responses – that is, to be reflective – and individual differences abound in automatic, intuitive processing as well.

The role of affect in feelings of obligation

2020 ◽  
Vol 43 ◽  
Author(s):  
Stefen Beeler-Duden ◽  
Meltem Yucel ◽  
Amrisha Vaish
Keyword(s):  
Positive Emotions ◽  
The Creation ◽  
Sense Of Obligation

Abstract Tomasello offers a compelling account of the emergence of humans’ sense of obligation. We suggest that more needs to be said about the role of affect in the creation of obligations. We also argue that positive emotions such as gratitude evolved to encourage individuals to fulfill cooperative obligations without the negative quality that Tomasello proposes is inherent in obligations.

Refining our understanding of the “elephant in the room”

2020 ◽  
Vol 43 ◽  
Author(s):  
Andrew Whiten
Keyword(s):  
Social Cognition ◽  
Cultural Evolution ◽  
Cognitive Abilities ◽  
Critical Factors ◽  
Technological Culture

Abstract The authors do the field of cultural evolution a service by exploring the role of non-social cognition in human cumulative technological culture, truly neglected in comparison with socio-cognitive abilities frequently assumed to be the primary drivers. Some specifics of their delineation of the critical factors are problematic, however. I highlight recent chimpanzee–human comparative findings that should help refine such analyses.

Choosing a Markov blanket

2020 ◽  
Vol 43 ◽  
Author(s):  
Thomas Parr
Keyword(s):  
Markov Blanket ◽  
Target Article ◽  
The Relationship

Abstract This commentary focuses upon the relationship between two themes in the target article: the ways in which a Markov blanket may be defined and the role of precision and salience in mediating the interactions between what is internal and external to a system. These each rest upon the different perspectives we might take while “choosing” a Markov blanket.

Alpha-Effect, Current and Kinetic Helicities for Magnetically Driven Turbulence, and Solar Dynamo

2000 ◽  
Vol 179 ◽  
pp. 387-388
Author(s):  
Gaetano Belvedere ◽  
V. V. Pipin ◽  
G. Rüdiger
Keyword(s):  
Southern Hemisphere ◽  
Northern Hemisphere ◽  
Convection Zone ◽  
Solar Surface ◽  
Momentum Transport ◽  
Angular Momentum Transport ◽  
Magnetic Buoyancy ◽  
Alpha Effect ◽  
Current Helicity

Extended AbstractRecent numerical simulations lead to the result that turbulence is much more magnetically driven than believed. In particular the role ofmagnetic buoyancyappears quite important for the generation ofα-effect and angular momentum transport (Brandenburg & Schmitt 1998). We present results obtained for a turbulence field driven by a (given) Lorentz force in a non-stratified but rotating convection zone. The main result confirms the numerical findings of Brandenburg & Schmitt that in the northern hemisphere theα-effect and the kinetic helicityℋkin= 〈u′ · rotu′〉 are positive (and negative in the northern hemisphere), this being just opposite to what occurs for the current helicityℋcurr= 〈j′ ·B′〉, which is negative in the northern hemisphere (and positive in the southern hemisphere). There has been an increasing number of papers presenting observations of current helicity at the solar surface, all showing that it isnegativein the northern hemisphere and positive in the southern hemisphere (see Rüdigeret al. 2000, also for a review).

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