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Mapping dementia and cognitive decline in testamentary capacity.
1Australian Centre for Health Law Research, Faculty of Law, Queensland University of Technology, Brisbane, Australia.
International Journal of Law and Psychiatry
|November 11, 2019
Summary
Assessing testamentary capacity requires standardized methods, as current practices are subjective and unreliable. Dementia significantly impacts cognitive abilities needed for will-making, yet research on this link is scarce.
Area of Science:
- Neuroscience
- Legal Psychology
- Gerontology
Background:
- Cognitive assessment is crucial for evaluating testamentary capacity.
- Current assessment methods are subjective, unreliable, and lack standardization.
- Dementia presents a significant threat to testamentary capacity.
Purpose of the Study:
- To address the scarcity of research on cognitive impairment and testamentary capacity.
- To explore how dementia-related cognitive deficits affect the legal criteria for making a will.
- To identify key cognitive functions beyond memory and executive function relevant to testamentary capacity.
Main Methods:
- Literature review of studies over the past ten years.
- Focus on cognitive abilities required for testamentary capacity.
- Analysis of how cognitive impairment impacts the legal standards for will execution.
Main Results:
- An alarming scarcity of research exists concerning cognitive abilities and testamentary capacity.
- Discussion beyond memory and executive function is limited.
- The impact of cognitive impairment on the specific legal criteria (Banks v Goodfellow) is rarely addressed.
Conclusions:
- There is a critical need for standardized, reliable cognitive assessments for testamentary capacity.
- Further research is required to understand the nuances of dementia's impact on will-making.
- Broader cognitive domains beyond memory and executive function must be considered in assessments.
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