Topic
Mental Capacity
99 published works
Elder Law Prof Blog
Are Physicians and Attorneys Speaking the Same Language When Talking About Competency or Capacity?
One of the most frequent search phrases that brings internet users to our Elder Law Prof Blog is the phrase "competency vs. capacity." The search leads readers to a post…
MillarLawTax Blog
Is Mental Incapacity a Defense to “Willful Behavior” Penalties?
By: Sanford I. Millar © The Tax Crimes Handbook of the Office of Chief Counsel, Criminal Tax Division of the Internal Revenue Service defines “Willfulness ” as follows: “[a] Willfulness…
NJ Family Legal Blog
Appellate Division Examines Proofs Required to Establish Mental Incapacity and Lack of Consent Under the Sexual Assault Survivor Protection Act (SASPA)
In a recent published (i.e. precedential) decision, C.R. v. M.T., the New Jersey Appellate Division elaborated upon the legal standard proving that a sexual encounter during which one party was intoxicated was…
Reproductive Rights Prof Blog
UK Appeal court overturns forced abortion ruling
Jun. 24, 2019 (The Guardian): Appeal court overturns forced abortion ruling, by Harriet Sherwood: An appeals court in the UK overturned a recent decision by the court of protection in London,…
Pannone Corporate News and Opinion
Deprivation of Liberty: All Change?
Issues surrounding individual service users’ rights to liberty and security, and the extent to which these may conflict with their care needs, have been a source of ongoing concern for…
Wills, Trusts & Estates Prof Blog
A Neuropsychologist’s Take on Mental Capacity Evaluation [California]
Jonathan Canick, Ph.D., who spoke last year at the Sacramento Estate Planning Council on the subject of “Aging, Cognition and Capacity," has practiced neuropsychology for over 30 years. He has…
Trust on Trial
A Neuropsychologist’s Take on Mental Capacity Evaluation
Mental capacity issues are commonplace in California trust and probate litigation. Jonathan Canick, Ph.D., who spoke last year at the Sacramento Estate Planning Council on the subject of “Aging, Cognition…
Elder Law Prof Blog
10 Commandments of Capacity
By rmorgan
The ABA Commission on Law & Aging published its September-October newsletter, BIOFOCAL. The lead article is on The Ten Commandments of Mental "Capacity" and the Law.Recognizing the evolving state on the…
Don't Mess With Taxes
Delusional tax protester deemed competent to face tax evasion sentencing
Delusional tax protester deemed competent to face tax evasion sentencing Sunday, September 30, 2018 Winston Shrout giving a financial seminar via YouTube before his recent tax legal troubles. Winston Shrout…
Trust on Trial
Mental Capacity Standards in California Civil Litigation
What mental capacity standards apply in California civil litigation? Last month we presented on this subject at the Placer County Bar Association’s annual spring conference in Roseville. I’ll offer highlights…