Publications by authors named "Ian M Hull"
The Medico-Legal Approach to the Assessment of Testamentary Capacity: A Systematic Review.
Am J Geriatr Psychiatry
November 2024
An increase in will challenges on the grounds of lack of capacity and undue influence is anticipated in the face of an imminent transfer of generational wealth by a growing elderly population with a high prevalence of cognitive impairment. Medical experts will be a necessary element of litigation to help the courts make the best legal determinations involving cognitive and psychiatric functions that may affect mental capacity and vulnerability to influence. We conducted the first systematic literature review using Preferred Reporting Items for Systematic Reviews and Meta-Analyses ("PRISMA") guidelines in order to identify articles that addressed a comprehensive medico-legal approach to the assessment of testamentary capacity.
View Article and Find Full Text PDFCognitive Fluctuations and the Lucid Interval in Dementia: Implications for Testamentary Capacity.
J Am Acad Psychiatry Law
September 2015
Article Synopsis
- The concept of the "lucid interval" is legally recognized as a way to challenge testamentary capacities, especially in cases involving individuals with dementia.
- Cognitive fluctuations, which are common in neurodegenerative disorders, particularly affect attention and alertness rather than memory or executive functions critical for making a will.
- The study reviews evidence suggesting that these fluctuations are minor and short-lived, questioning the reliability of the lucid interval in legal contexts involving testators with dementia.