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by Eric G. Mart & Adam D. Alban
by Eric G. Mart & Adam D. Alban

Practical Assessment of Testamentary Capacity and Undue Influence in the Elderly (Book w/CD-ROM)

Your Price: $24.95
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Order Code :PATC
• 2011  93pp paperback with CD-ROM   ISBN: 9781568871257
• A Practitioner's Resource Series Title

"Mart and Alban have written a clear, practical guide to this challenging area.  The discussion of the legal foundation of testamentary capacity is lucid.  In simple, direct prose, the authors discuss the major legal elements of testamentary capacity and undue influence.  The clinical section, focusing on the actual evaluation, provides both a conceptual framework and down-to-earth recommendations for testing and structured interviewing, as well as case illustrations.  I strongly recommend this book to anyone practicing in this area."
     -Philip Witt
, PhD, ABPP,
Past President, American Academy of Forensic
Psychology; Associate Editor of the Open Access Journal of Forensic Psychology

"This book provides one-stop shopping for the psychologist who wishes to begin practice in will-related cases.  The text begins with the anchors of forensic practice in probate law.  It describes the legal structure related to wills, and reviews relevant case law related to capacity and undue influence.  The authors provide an extensive discussion of the assessment of elderly people who are in the process of preparing their wills.  The retrospective assessment of the same issues is briefly explored in the next section."

"The extensive appendix explores three case studies that illustrate the assessment process described in the first section of the book.  The authors provide the text of the model reports as well as the rationale for including that material in the report.  "Adding to the value of this volume is a CD that contains a number of assessment instruments for the practitioner.  These provide an empirical basis for the psychologist's expert opinions, and equip the practitioner with validated instruments for the evaluation process."

     -William E. Foote
, PhD, ABPP,
Adjunct Professor, University of New Mexico
Department of Psychiatry

"This book is an in depth coverage of a very relevant topic for psychologists competent in forensic and neuropsychological assessments.  The writing is clear and easy to understand.  The book is well done.  One word of caution - if you do these kind of assessments expect to testify in court!"
     -Norman Abeles
, PhD,
Professor of Psychology emeritus, Michigan State University;
Past President, American Psychological Association

Table of Contents
Dedication and Acknowledgments
Series Preface


About the Authors

A Word of Caution
Defining Terms and the Elements of Testamentary Capacity
What is Testamentary Capacity?
The Elements of Testamentary Capacity
Is "Reasonableness" an Element of Capacity?
Undue Influence
The Practicalities of Claiming and Assessing Undue Influence
What Makes an Individual Susceptible to Undue Influence?
Understanding Your Referral Source, and Why "Undue Influence" Sometimes Really Means "Testamentary Capacity"
The Assessment Process
An Overview
Appendix: Case Studies


Introduction to the CD-ROM
    Instruments and Forms on the CD-ROM
Frontal Assessment Battery (FAB)
Hopemont Capacity Assessment Interview (HCAI)
Informant Questionnaire on Cognitive Decline in the Elderly (IQCODE)
Mental Status Examination Checklist (MSEC)
Montreal Cognitive Assessment (MoCA)
Semi-Structured Interview for the Assessment of Testamentary Capacity (SSIATC)

CE Program
A supplemental 4-credit, 40 question continuing education program is available for this book.  To order the complete program (this book and CE test module, or test module alone if you already have access to this book), go to: Practical Assessment of Testamentary Capacity and Undue Influence in the Elderly - CE Program (4 Credits)

For information about our approved continuing education sponsorships
and acceptance by state, please click here:
Continuing Education

About the Authors
Eric G. Mart, PhD, ABPP (Forensic), received his doctorate in school psychology from Ferkauf Graduate School of Psychology in 1983.  He then completed a postdoctoral retraining internship at the Pauline Warfield Lewis Center in Cincinnati, Ohio in 1986.  Dr. Mart subsequently moved to New Hampshire to work for the Concord School District.  In 1987, he obtained licensure in New Hampshire and a year later entered private practice.  After two years of supervision, Dr. Mart became a board certified forensic psychologist (ABPP) in 2002.  In addition to forensic psychology, his current practice includes the treatment of children, adolescents, and adults; psychoeducational assessment; and school consultation.  He is well known for his work in the area of Factitious Disorder by Proxy (Munchausen's Syndrome by Proxy) and is the author of Issue Focused Forensic Child Custody Assessment among other books.  Dr. Mart has written numerous articles for peer-reviewed journals and legal publications.  He is past-president of the New Hampshire Psychological Association.

Adam D. Alban
, PhD, JD, is a clinical psychologist and attorney at law in San Francisco, California, focusing on advising professionals who have fiduciary responsibilities on how best to serve clientele with diminishing cognitive abilities.  His law practice is geared to helping his clientele solve psychologically related legal problems.  He earned his MA and PhD from Michigan State University and interned at Western State Hospital in Tacoma, Washington.  He also has a law degree from American University's Washington College of Law.  Prior to moving to California, Dr. Alban maintained a practice in Washington, DC, working with children, adolescents, and their families individually as well as consulting to several area schools.  While in Washington, DC, Dr. Alban also served as a law clerk in the DC Department of Mental Health's General Counsel office, working at the nexus of law and mental health practice crafting policy, drafting regulatory changes, authoring legislation, and advising practitioners.
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