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Tsiakiri A, Trypsiani I, Christidi F, Trypsianis G, Bakirtzis C, Vlotinou P, Tsiptsios D, Voskou P, Papageorgiou S, Aggelousis N, Vadikolias K, Serdari A. The testamentary capacity in acute stroke. A cross-sectional study. APPLIED NEUROPSYCHOLOGY. ADULT 2024:1-11. [PMID: 38447221 DOI: 10.1080/23279095.2024.2324126] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 03/08/2024]
Abstract
Succession law, which governs the creation and validity of wills, is closely tied to testamentary capacity (TC), the cognitive competence required for a valid will. This study explores TC in acute stroke patients and its connections to demographic and clinical characteristics. The research included first-time stroke patients admitted within 24 hours of symptom onset, meeting specific criteria. Data were collected, and assessment tools like the Addenbrooke's Cognitive Examination III (ACE-III) and Testamentary Capacity Assessment Tool (TCAT) were used. The study found that TCAT scores were not significantly affected by age or gender but positively correlated with education, the Barthel Index and ACE-III scores. They were negatively associated with National Institutes of Health Stroke Scale (NIHSS) and Modified Rankin Scale (mRS) scores. Specific cognitive domains, particularly memory and attention, were independent determinants of TCAT scores. This research introduces TCAT as a valuable tool for evaluating testamentary capacity in stroke patients and highlights the multifaceted nature of TC, emphasizing the need for a nuanced approach. As the population ages and complex medical conditions become more prevalent, understanding the interplay between cognitive functioning and testamentary capacity becomes increasingly crucial for both legal and medical professionals.
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Affiliation(s)
- Anna Tsiakiri
- Neurology Department, Democritus University of Thrace, Alexandroupolis, Greece
| | - Ioanna Trypsiani
- Neurology Department, Democritus University of Thrace, Alexandroupolis, Greece
| | - Foteini Christidi
- Neurology Department, Democritus University of Thrace, Alexandroupolis, Greece
| | - Gregory Trypsianis
- Laboratory of Medical Statistics, Democritus University of Thrace, Alexandroupolis, Greece
| | - Christos Bakirtzis
- B' Department of Neurology and the MS Center, AHEPA University Hospital, Central Macedonia, Thessaloniki, Greece
| | - Pinelopi Vlotinou
- Department of Occupational Therapy, University of West Attica, Athens, Greece
| | - Dimitrios Tsiptsios
- Neurology Department, Democritus University of Thrace, Alexandroupolis, Greece
| | - Panagiota Voskou
- Cognitive Disorders/Dementia Unit, 2nd Department of Neurology, National and Kapodistrian University of Athens, Athens, Greece
| | - Sokratis Papageorgiou
- Cognitive Disorders/Dementia Unit, 2nd Department of Neurology, National and Kapodistrian University of Athens, Athens, Greece
| | - Nikolaos Aggelousis
- Department of Physical Education and Sport Science, Democritus University of Thrace, Komotini, Greece
| | | | - Aspasia Serdari
- Department of Child and Adolescent, Democritus University of Thrace, Alexandroupolis, Greece
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Kenepp A, Johnson E, Lee GJ, Sunderaraman P, Denburg NL, Nguyen CM. A Comprehensive Approach to Assessment of Testamentary Capacity. Front Psychol 2021; 12:789494. [PMID: 35002883 PMCID: PMC8733255 DOI: 10.3389/fpsyg.2021.789494] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Track Full Text] [Download PDF] [Journal Information] [Subscribe] [Scholar Register] [Received: 10/05/2021] [Accepted: 12/01/2021] [Indexed: 11/26/2022] Open
Abstract
The growing aging population raises important implications for legal and clinical systems, including testamentary capacity (TC) assessment. Yet, there are limited comprehensive and standardized assessment measures for TC readily available for clinical use. A review of current assessment methods and standardized approaches for TC assessment is provided. Although several guidelines regarding TC assessment have been proposed in prior literature, existing standardized approaches do not appear to meet full criteria for TC. A comprehensive approach to assessment of testamentary capacity is proposed.
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Affiliation(s)
- Amanda Kenepp
- Department of Psychology, Queens College and The Graduate Center (CUNY), New York, NY, United States
- Department of Psychiatry and Behavioral Health, The Ohio State University College of Medicine, Columbus, OH, United States
| | - Ellen Johnson
- Department of Psychiatry and Behavioral Health, The Ohio State University College of Medicine, Columbus, OH, United States
- Department of Psychology, Ohio University, Athens, OH, United States
| | - Grace J. Lee
- Department of Psychiatry and Behavioral Health, The Ohio State University College of Medicine, Columbus, OH, United States
- Department of Psychology, Ohio University, Athens, OH, United States
| | - Preeti Sunderaraman
- Department of Neurology & The Framingham Heart Study - Brain Aging Program, Boston University School of Medicine, Boston, MA, United States
| | - Natalie L. Denburg
- Department of Neurology, University of Iowa Carver College of Medicine, Iowa, IA, United States
| | - Christopher M. Nguyen
- Department of Psychiatry and Behavioral Health, The Ohio State University College of Medicine, Columbus, OH, United States
- *Correspondence: Christopher M. Nguyen,
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