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Mental Capacity

99 published works

  1. Canadian Lawyer Mag

    Suspicious circumstances negate presumption of capacity to revise will: N.S. Court of Appeal

    By Canadian Lawyer Mag

    Evidence of mental illness raised questions about validity of revised will

  2. Canadian Lawyer Mag

    Nunavut Review Board lacks jurisdiction to compel out-of-territory hospitals to admit NCR accused

    By Canadian Lawyer Mag

    Territory's NCR accused are left to rely on 'kindness of strangers,' says lawyer

  3. UK Human Rights Blog

    Capacity to engage in sexual relations: the relevance of the partner’s consent

    By Clare Ciborowska

    A Local Authority (Respondent) v JB (by his Litigation Friend, the Official Solicitor) (Appellant) – UKSC 2020/0133 Court of Appeal (Civil Division) The Supreme Court has upheld the Court of…

  4. Property Insurance Coverage Law Blog

    Is Mental Incapacity Defense Available to Insureds to Defeat the Intentional-Loss Exclusion?

    By Merlin Law Group

    In a matter of first impression, the Supreme Court of Kentucky recently held that a mental incapacity defense was available to insureds to defeat the intentional-loss exclusion in an insurance…

  5. The Fiduciary Litigator

    Court Properly Admitted A Will To Probate Where The Evidence Did Not Establish Mental Incompetence Or Undue Influence As A Matter Of Law

    By David Fowler Johnson

    In Neal v. Neal, the decedent died leaving three sons. No. 01-19-00427-CV, 2021 Tex. App. LEXIS 2051 (Tex. App.—Houston [1st Dist.] March 18, 2021, no pet. history). She had several…

  6. Bench & Bar of Minnesota

    MSBA President Dyan Ebert, in consultation with the MSBA Fair Response Committee, has issued this statement on the Minnnesota Supreme Court's decision in State of MN v. Khalil

    By Minnesota State Bar Association

    “The proper role of the judiciary is one of interpreting and applying the law, not making it.” Former Supreme Court Justice Sandra Day O’Connor On March 24, 2021, the Minnesota…

  7. Wills, Trusts & Estates Prof Blog

    Walt Disney’s grandson heir demands ‘biased’ California judge is fired for denying his $200 million inheritance and falsely claiming he has Down syndrome

    By Gerry W. Beyer

    Walt Disney's grandson has alleged that a California judge wrongly denied him his $200 million inheritance by falsely claiming he has Down syndrome. Walt Disney's grandson has been involved in…

  8. Health Law Prof Blog

    Neuroscience and Mental Competency: Current Uses and Future Potential

    By Katharine Van Tassel

    John B. Meixner (Northwestern University), Neuroscience and Mental Competency: Current Uses and Future Potential, 81 Albany L. Rev. 995 (2020):One major conundrum in the field of law and neuroscience is…

  9. Health Law Prof Blog

    Elder Financial Abuse: Capacity Law and Economics

    By Katharine Van Tassel

    Ben Chen (The University of Sydney), Elder Financial Abuse: Capacity Law and Economics, Cornell L. Rev. 106 (2020):Elder financial abuse is an alarming problem in this era of aging population.…

  10. UK Human Rights Blog

    Latest Law Pod UK Episode: Court of Protection Deputyship Orders

    By Rosalind English

    In the Matters of ACC, JDJ and HPP  [2020] EWCOP 9 In her judgment of 27th February 2020 Hilder J laid down certain rules regarding what a property and affairs…