Capacity And Undue Influence

"This Action Guide provides a step-by-step method for applying DPCDA and other relevant statutes when assessing capacity and undue influence issues in the office setting and when litigating these issues in court. The authors present the basics of the law governing protected health information under HIPAA and CMIA and how the rules might affect practitioners dealing with the issue of capacity and undue influence. The authors set out the different tests for capacity and undue influence in the context of wills, trusts, marriage, contracts, medical decisions, financial management decisions, and conservatorships. The authors also address the issues of capacity to drive, gifts to disqualified persons, mediation as an alternative to litigation, and litigation issues of standing, burden of proof, presumptions, and rules of evidence specific to each of these contexts. A neuropsychologist expert witness and a psychiatrist medical-legal consultant contribute their professional perspectives."--Scope of guide, [p. ii].

"This book is primarily geared toward estate planners and probate litigators, it may provide a greater understanding of issues relating to capacity, the attorney's role, and the process known as "undue influence." This book does not constitute legal advice"--

Explains the issues involved in assessing capacity and undue influence in the office or in litigation. Covers: Determining Who is the Client; Effect of HIPAA and CMIA. How to Apply DPCDA. Assessing and Litigating the Issues of testamentary capacity, capacity to marry or enter Into a domestic partnership, to contract and appoint agents, to nominate a conservator, to create a trust, to manage personal and financial affairs, to make Medical decisions, to authorize release of protected health information, to qualify for long-term care Insurance, and to drive. Assessing and litigating issues of undue influence. Neuropsychologist's participation. -- from CEB website.

In Undue Influence, acclaimed novelist Anita Brookner proves once again that even in the most closely circumscribed of lives, hearts can venture into unknown-and potentially explosive-territory. Claire Pitt is nothing if not a practical young woman, living a life in contemporary London that is to all appearances placid, orderly and consciously lacking in surprise. And yet Claire's tangled interior life gives the lie to that illusion. She is prone to vivid speculation about the lives of others, and to fantasies about her own fate that lead her into a courtship so strange that even she wonders at its power to compel her. Martin Gibson and his chronically ill wife Cynthia come to depend on Claire to an extent that is nothing short of baffling, and yet Claire becomes ever bolder in her pursuit of their acquaintance-and, ultimately, of Martin's elusive affections. The result, a potent tale of urban loneliness and the chance intersections that assuage it, constitutes one of Brookner's finest and most psychologically acute achievements.

"This book demonstrates how to address practical and ethical challenges when evaluating capacities of older adults with neurocognitive disorders, like dementia. The contributors are expert clinicians who draw upon real life experiences conducting clinical capacity assessments in civil matters, illustrating best practices based on the guidelines from the ABA/APA's Assessment of Older Adults with Diminished Capacity: A Handbook for Psychologists. Chapters cover complex and difficult issues in careful detail, including: * financial exploitation, * undue influence, * sexual consent, and * medical aid in dying. The author also provides guidance for negotiating family conflicts, working with surrogate decision makers who also have diminished capacity, coordinating with medical and legal professionals, and addressing other situations that involve multiple stakeholders with competing priorities. A recurring theme throughout the volume is the challenge of balancing a client's right to autonomy, while also protecting them from harm. The book offers careful, effective advice for keeping clients who lack decision making capacity involved in their healthcare choices and working to maintain their independence when daily living skills are impaired"--

'JC Smith's The Law of Contract' provides a superb overview of all the key areas of contract law making this book ideal for use on all undergraduate courses. A focus on key cases acts a springboard into analysis and critical discussion enabling students to really understand the fundamentals of the subject.