doiSerbia

Forensic psychiatry determination of mental capacity

Jovanović Aleksandar A. (Medicinski fakultet, Beograd + Klinika za psihijatriju, Klinički centar Srbije, Beograd)
Milovanović Srđan D. (Medicinski fakultet, Beograd + Klinika za psihijatriju, Klinički centar Srbije, Beograd)
Jašović-Gašić Miroslava (Medicinski fakultet, Beograd + Klinika za psihijatriju, Klinički centar Srbije, Beograd)

Forensic psychiatry determination is, ordered by a court, the analysis and interpretation of medical facts with important legal implications. In that sense, psychiatrists (or neuropsychiatrists), apart from their professional expertise, must be familiar with legal, economical and social significance of medical data, so that their forensic reports are clear and useful in the context of legal procedure. This review deals with forensic psychiatry aspects of mental capacity. In the introduction of the article, the explanation of relevant concepts such as mental capacity, contractual and testamentary capacity, informed consent, undue influence and forensic determination in light of Serbian statutory law is presented. Further, the authors present basic principles of making forensic reports on mental capacity as well as contractual and testamentary capacity, and informed consent for eventual medical examination and treatment.

Keywords: forensic psychiatry, mental capacity, contractual capacity, testamentary capacity, informed consent