Dr. Kenneth Shulman delivered a presentation on testamentary capacity to the Elder Law and Health Law Sections on Apr. 16, 2016.
There are many people with moderately severe dementia who can maintain social graces and carry on a conversation. But does that person have the capacity to make and sign a will? The Sections asked, "What is the role of a medical expert in what is fundamentally a legal issue?" Shulman says the role of the medical expert is to help the court understand the nature and severity of any disorders that affect capacity. The question of whether a person has testamentary capacity is a legal one, and that’s for a judge to decide.
Dr. Kenneth Shulman is Professor of Psychiatry and the inaugural recipient of the Richard Lewar Chair in Geriatric Psychiatry at Sunnybrook Health Sciences Centre, University of Toronto.
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