Capacity and Undue Influence: Assessing, Challenging, and Defending : Here's how and when to Do it
- ISBN-10
- 0762615559
- ISBN-13
- 9780762615551
- Category
- Capacity and disability
- Pages
- 137
- Language
- English
- Published
- 2010
- Authors
- Bette B. Epstein, Continuing Education of the Bar--California, Priscilla Camp
Description
"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].
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