Assessment of the impact of undue influence and its effect on limiting a person’s free will in making choices falls within the purview of the forensic psychiatrist. I have evaluated both civil and criminal matters on the issue of undue influence, usually within the rubric of testamentary capacity, but occasionally as an aspect of a…
The question of testamentary capacity or competency in making a Will or Trust is both a psychiatric and medical assessment. Flags go up when a bequest is out of character for the testator, in conflict with stated desires, and earlier estate plans. Undue influence can rear its ugly head. Psychiatrists and psychologists unfamiliar with legal…
A psychiatric disability exists when a person is mentally impaired by a psychiatric disorder. Impairment can be partial or total, temporary or permanent, and must be taken in the context of performance of varying types of tasks. For example, can a job be performed (or performance in a particular occupation)? Carrying out tasks of daily living?…
