• 2011 93pp paperback ISBN: 9781568871257
• A Practitioner's Resource Series Title
This book is designed to provide mental health practitioners with a practical guide to assessing testamentary capacity and undue influence in the elderly. It contains an overview of the legal issues underlying such assessments; a guide to legal terms used in this area of probate law; information on how to perform these assessments ethically and effectively; and specific information on the general methodology of such assessments, semi-structured interviewing, and appropriate psychological testing. Case examples are given to illustrate approaches to evaluations of testamentary capacity and undue influence. Purchasers of this book can download a selection of assessment instruments in PDF format.
"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
-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
Dedication and Acknowledgments
About the Authors
A Word of CautionDefining Terms and the Elements of Testamentary Capacity
What is Testamentary Capacity?Undue Influence
The Elements of Testamentary Capacity
Is "Reasonableness" an Element of Capacity?
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 OverviewAppendix: Case Studies
Purchasers of this book can download a selection of assessment instruments in PDF format.
Frontal Assessment Battery (FAB)CE
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)
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
acceptance by state, please click here: Continuing Education
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.