Cording, Clemens (2004) The assessment of (in)competence to make a will. FORTSCHRITTE DER NEUROLOGIE PSYCHIATRIE, 72 (3). pp. 147-159. ISSN 0720-4299
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Based upon German law and jurisdiction, psychiatric literature as well as the author's experiences, essential criteria for the assessment of testamentary capacity are presented, peculiarities of the posthumous assessment of psychopathology are explained and the anachronistic idea of the "lucid interval" is critically discussed. The legal term "freedom to determine one's will", decisive for the competence to contract and to make a will, corresponds to the psychopathological dimension of judgement. In the practice of experts' assessments, this criterion is most likely to be impaired by delusional misinterpretation of reality, lack of insight in being ill, pathological dominance of affects or suggestibility, while cognitive deficits are less often decisive. Using knowledgeably all available sources of information, a posthumous expert's statement on the legal ability to make a will is possible with the reliability legally required in more than 90% of cases.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | VASCULAR DEMENTIA; LEGAL CAPACITY; CRITERIA; DISEASE; STATE; |
| Subjects: | 600 Technology > 610 Medical sciences Medicine |
| Divisions: | Medicine > Lehrstuhl für Psychiatrie und Psychotherapie |
| Depositing User: | Petra Gürster |
| Date Deposited: | 14 Oct 2021 09:41 |
| Last Modified: | 14 Oct 2021 09:41 |
| URI: | https://pred.uni-regensburg.de/id/eprint/37921 |
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