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(p. 218) Testamentary Capacity 

(p. 218) Testamentary Capacity
(p. 218) Testamentary Capacity

Kirk Heilbrun

, David DeMatteo

, Stephanie Brooks Holliday

, and Casey LaDuke

Page of

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date: 24 January 2021

Chapter 11 discusses testamentary capacity. The issue of testamentary capacity arises when there is some question about whether an individual has sufficient ability to make or alter a valid will. The principle discussed in this case addresses the importance of determining whether the individual being assessed understands the purpose of the evaluation and the associated limits on confidentiality, or, in legal terms, obtaining informed consent. Given that evaluations focusing on testamentary capacity often arise due to concerns about an individual’s mental state, obtaining informed consent can be challenging.

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