Mental Capacity: Legal and Medical Aspects of Assessment and Treatment, 2d

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Brand: Clark Boardman Callaghan

Service #: 13974456

Sub #: 13974455

Shelf Space: 3 in.

Publication Frequency: Updated annually

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Mental Capacity: Legal and Medical Aspects of Assessment and Treatment, 2d

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Mental Capacity: Legal and Medical Aspects of Assessment and Treatment provides expert advice and practical, reliable working knowledge of this complex subject. An experienced elder law attorney, a physician with extensive elder care expertise, and two noted geriatric psychologists collaborated to objectively assess mental capacity. They cover:

• The definitions of mental incapacity and mental incompetency and how to accurately assess for both, and significant related court decisions

• The law as it relates to different types of mental capacity required to perform different legal transactions

• The medical causes, symptoms, and treatments of different types of incapacity and incompetency

• Steps to evaluating, contesting, and defending legal capacity

In addition, the authors provide updates that contain recent caselaw on testamentary capacity, donative capacity, contractual capacity, and undue influence.

Summary of contents
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Chapter

Overview: Mental Capacity and the Professional's Assessment Role
Legal and Medical Analysis of Capacity
Contesting or Defending Capacity
Planning for Incapacity
Assessment of Capacity
The Brain: Relationship of Structure and Function
Medical Assessment of Mental Capacity
Diseases and Disorders Affecting the Brain
Treatment of Organic Brain Damage

Appendices

State-by-State Case Law on Presumptions and Burden of Proof Regarding Mental Capacity
State-by-State Case Law Criteria for Testamentary Capacity
State-by-State Case Law Criteria for Donative Capacity
State-by-State Case Law Criteria for Contractual Capacity
State-by-State Case Law for Undue Influence

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