title: [Medico-legal opinions in cases for annulment of testament. Part II. Final conclusions of opinions. Quality of medical documentation. Evaluation of witnesses' testimonies].
abstract: The percentage of cases, in which devisors were unable to devise properly was high, what was mostly associated with the frequent drawing up of testaments by chronically ill individuals immediately before death. Grounds for pronouncing the devisor lacking in testamentary capacity were observed in 46.6% of cases, while 39.7% of devisors were found to lack free expression of will. Medical records were available in all the cases, including psychiatric records in 20.5% of cases and neurological records in 20.5%. In the majority of instances, the low quality of medical records hindered formulating expert opinions. The fact that in the majority of cases, the testimonies of witnesses were highly divergent indicated that they were either unable to assess the mental state of the devisor or else were themselves interested in the settlement of the case. Frequently, attending physicians from non-psychiatric wards were unable to answer questions on the mental state of the devisor, what resulted from their focusing on the somatic cause of hospitalization and the fact that their contact with the patient was very limited in time. Problems with certification on the basis of medical records were mainly associated with lacking psychiatric or neurological consults performed at the time the testament was drawn up; in some instances, the entire medical records from that period were missing. For this reason, individuals desiring to prepare a last will should be advised to undergo voluntary psychiatric assessment in this period. Medico-legal opinions in testament cases are difficult and time-consuming, but pleading one's case before the court is even more tedious and difficult.
authors.affiliation: Katedry Medycyny Społecznej i Katedry i Zakładu Medycyny Sadowej Akademii Medycznej im. Karola Marcinkowskiego w Poznaniu. jmarcin@amp.edu.pl
authors.forename: Jerzy T
authors.initials: JT
authors.lastname: Marcinkowski
authors.forename: Aneta
authors.initials: A
authors.lastname: Klimberg
mesh_terms: D000328:Adult; D000368:Aged; D000369:Aged, 80 and over; D004185:Disability Evaluation; D005104:Expert Testimony / Q000331:legislation & jurisprudence*; D005260:Female; D005555:Forensic Psychiatry / Q000331:legislation & jurisprudence; D006801:Humans; D007398:Interpersonal Relations; D008297:Male; D008499:Medical Records / Q000331:legislation & jurisprudence*; D016743:Mental Competency / Q000331:legislation & jurisprudence*; D008609:Mental Status Schedule; D008875:Middle Aged; D019989:Persons with Intellectual Disabilities / Q000331:legislation & jurisprudence*; D011044:Poland; D014918:Wills / Q000331:legislation & jurisprudence*