| Medical reasons for retrospective challenges of testamentary capacity. | |
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MedLine Citation:
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PMID: 19011589 Owner: NLM Status: MEDLINE |
Abstract/OtherAbstract:
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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 reports on retrospective, determination of testamentary capacity made in the Forensic Psychiatry Centre, Institute of Psychiatry, Belgrade in the period 1965 - 2005. The wills covered by this study were mostly made by male, 65 years old or older testators, with primary education, who executed a holograph will and survived it for less than a year. RESULTS: Testamentary incapacity for medical reasons was established in 47% of the testators, while a strong, statistically significant relationship between a diagnostic category and testamentary incapacity was established among the testators suffering from an organic mental disorder (Chi-square=133.256, p=0.000) or a substance induced mental disorder (Chi-square=6.971, p=0.008). CONCLUSION: Testamentary capacity is a specific focus of medical assessment given that the evidence for overturning a will is generally dependent upon medical assessment. In that respect, much litigation and expenses could be avoided if medical experts were given a chance to correctly assess the testamentary capacity of a person at the time of making a will. The fact remains that our findings may not be a representative cross-section of the general population, and this important issue certainly deserves to be addressed by future research based on a larger sample. |
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Authors:
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Aleksandar A Jovanović; Sinisa Jovović; Srdjan Milovanović; Miroslava Jasović-Gasić |
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Publication Detail:
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Type: Journal Article |
Journal Detail:
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Title: Psychiatria Danubina Volume: 20 ISSN: 0353-5053 ISO Abbreviation: Psychiatr Danub Publication Date: 2008 Dec |
Date Detail:
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Created Date: 2008-11-17 Completed Date: 2009-01-12 Revised Date: - |
Medline Journal Info:
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Nlm Unique ID: 9424753 Medline TA: Psychiatr Danub Country: Croatia |
Other Details:
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Languages: eng Pagination: 485-93 Citation Subset: IM |
Affiliation:
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Institute of Psychiatry, Clinical Centre of Serbia, 11000 Belgrade, Serbia. |
Export Citation:
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APA/MLA Format Download EndNote Download BibTex |
| MeSH Terms | |
Descriptor/Qualifier:
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Aged Comorbidity Delirium, Dementia, Amnestic, Cognitive Disorders / diagnosis, psychology Expert Testimony / legislation & jurisprudence* Female Health Status Humans Living Wills / legislation & jurisprudence* Male Mental Competency / legislation & jurisprudence* Mental Disorders / diagnosis*, psychology Middle Aged Psychotropic Drugs / toxicity Serbia Substance-Related Disorders / diagnosis, psychology Suicide / legislation & jurisprudence, psychology Wills / legislation & jurisprudence* |
| Chemical | |
Reg. No./Substance:
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0/Psychotropic Drugs |
From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
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