TY - JOUR
T1 - 'Evaluation of testamentary capacity
T2 - A systematic review'
AU - Aravind, Himaja
AU - Taylor, Mark
AU - Gill, Neeraj
N1 - Copyright © 2024 The Authors. Published by Elsevier Ltd.. All rights reserved.
Funding Information:
The authors acknowledge the input from the librarians at Gold Coast University Hospital for resourcing materials needed for the study, and to Caroline Pellow and Rosie Taylor of Womble Bond Dickinson.
Publisher Copyright:
© 2024 The Authors
PY - 2024/3/1
Y1 - 2024/3/1
N2 - OBJECTIVE: To systematically review the literature on methods for the standardized and objective assessment of Testamentary Capacity (TC), to identify the best evidence-based and clinically pragmatic method to assess TC. Doubts concerning TC can have far-reaching legal and financial implications.METHOD: A systematic search of the literature was conducted, using PRISMA guidelines, to identify studies which describe methods or tools for the assessment of TC.RESULTS: The Testamentary Definition Scale (TDS); the Testamentary Capacity Assessment Tool (TCAT); and the Testamentary Capacity Instrument (TCI) all have good psychometric properties, but TDS only partially assesses TC, and the TCI is designed for research rather than day-to-day clinical practice.CONCLUSION: The TCAT could usefully supplement the clinical assessment of TC, coupled with a standardized examination of cognition. There is room to develop an all-encompassing TC assessment tool. Currently, the clinical judgement of a medical professional, taking account of the medical, legal, ethical issues informing a capacity or competency decision, remains the gold standard for assessing TC.
AB - OBJECTIVE: To systematically review the literature on methods for the standardized and objective assessment of Testamentary Capacity (TC), to identify the best evidence-based and clinically pragmatic method to assess TC. Doubts concerning TC can have far-reaching legal and financial implications.METHOD: A systematic search of the literature was conducted, using PRISMA guidelines, to identify studies which describe methods or tools for the assessment of TC.RESULTS: The Testamentary Definition Scale (TDS); the Testamentary Capacity Assessment Tool (TCAT); and the Testamentary Capacity Instrument (TCI) all have good psychometric properties, but TDS only partially assesses TC, and the TCI is designed for research rather than day-to-day clinical practice.CONCLUSION: The TCAT could usefully supplement the clinical assessment of TC, coupled with a standardized examination of cognition. There is room to develop an all-encompassing TC assessment tool. Currently, the clinical judgement of a medical professional, taking account of the medical, legal, ethical issues informing a capacity or competency decision, remains the gold standard for assessing TC.
KW - Assessment of capacity
KW - Financial decision making
KW - Testamentary ability
KW - Testamentary capacity
KW - Undue influence
KW - Will
UR - http://www.scopus.com/inward/record.url?scp=85186741724&partnerID=8YFLogxK
U2 - 10.1016/j.ijlp.2024.101969
DO - 10.1016/j.ijlp.2024.101969
M3 - Article
C2 - 38422563
SN - 0160-2527
VL - 93
SP - 1
EP - 10
JO - International Journal of Law and Psychiatry
JF - International Journal of Law and Psychiatry
M1 - 101969
ER -