2013
DOI: 10.1017/s1041610213001774
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Deathbed wills: assessing testamentary capacity in the dying patient

Abstract: Dual ethical principles of promoting autonomy of older people with mental disorders whilst protecting them against abuse and exploitation are at stake here. To date, there has been scant discourse in the scientific literature regarding this issue.

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Cited by 16 publications
(13 citation statements)
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“…Other cases include mesothelioma, progressive supranuclear palsy, cancer with metastasis to the brain, and corticobasal degeneration. Further, multiple cases involve patients with delirium (Liptzin et al, 2010) or deathbed wills (Peisah et al, 2014).…”
Section: Discussionmentioning
confidence: 99%
“…Other cases include mesothelioma, progressive supranuclear palsy, cancer with metastasis to the brain, and corticobasal degeneration. Further, multiple cases involve patients with delirium (Liptzin et al, 2010) or deathbed wills (Peisah et al, 2014).…”
Section: Discussionmentioning
confidence: 99%
“…Additionally, there was insufficient information to determine whether individuals had a terminal illness and thus, how many of these wills were indeed ‘deathbed wills’. 30…”
Section: Discussionmentioning
confidence: 99%
“…Additionally, there was insufficient information to determine whether individuals had a terminal illness and thus, how many of these wills were indeed 'deathbed wills' . 30 The absence of information about prior wills or wishes from the same people is also a limitation given that a significant deviation from prior expressed wishes could also be a factor that influences testamentary capacity. The degree to which suicide victims consider the act of bequeathing as a form of compensation to loved ones for their death or even as a justification for their death was also not examined in this study and merits further exploration.…”
Section: Strengths and Limitationsmentioning
confidence: 99%
“…People who are dying may experience the existing physical and cognitive symptoms of dementia and aging in general, so their decision-making capacity is often impaired. 29 When there is suspicion of undue influence, the threshold for TC becomes higher and there is increased need for more careful and detailed evaluation of the cognitive and perceptional ability of the patient during the time of will making.…”
Section: Testamentary Capacity-legal Aspectsmentioning
confidence: 99%