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[Psychiatric considerations concerning the competency for making a will]
Gerontologie
|May 1, 1981
Summary
Mental illness does not automatically mean a person lacks testamentary capacity. Courts should assess both cognitive and affective factors when determining a testator's will-making competency.
Area of Science:
- Forensic Psychiatry
- Legal Psychology
Background:
- Legal competency is function-specific; mental illness or insanity does not equate to universal legal incompetence.
- Testamentary capacity, the ability to make a will, is evaluated on narrow standards distinct from general mental state.
Observation:
- Current legal standards for testamentary capacity predominantly focus on cognitive abilities.
- A psychiatric perspective suggests that 'affective' (emotional) criteria are also crucial for assessing testamentary capacity.
Findings:
- Testamentary capacity can coexist with mental disorders.
- A comprehensive assessment requires consideration of both cognitive and affective domains.
Implications:
- Judicial standards for testamentary capacity should integrate affective criteria alongside cognitive ones.
- This dual-criteria approach enhances the accuracy of competency evaluations in will-making and legal testimony.