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Recent popular accounts of how to face death have strikingly hinged on passages from early modern literature, whether invoking Montaigne’s essays or Shakespeare’s elegiac verse. As there is currently a struggle to face a climate crisis and declining faith in institutions, can a previous era’s confrontation with death provide resources for present-day quandaries? This chapter argues that it can, through a renewed attention to the formal homologies between ‘craft of dying’ handbooks and dramaturgical practice. These manuals, often framed in the theatricalized form of a series of dialogues, were performative in their very structure. They provide behaviour that is scripted, and then practised, and then enacted, with actors and audiences. Like the anatomy theatre and the rhetorical quaestiones tradition, the craft of dying ought to be considered one of the fundamental cultural practices that led to early modern drama's staging of death. At today's crucial juncture, returning to this theatrical craft of dying might help, in Tennyson’s words, to ‘teach [us] how to hope, / Or tell [us] how to die'.
When grave illness compelled rulers to plan for the likelihood of a child’s succession, their chief concern was not that their young son would be passed over as king. Instead, most dying rulers focused on making collaborative arrangements for protecting the kingdom and supporting the child in rule. This chapter examines some of the evidence for the preparations dying kings made as they gathered to their side men and women whose involvement would be crucial for the child’s continuing education and the realm’s administration. The first two sections draw attention to shifts over time in familial attendance at royal deathbeds and in the testamentary records of rulers’ intentions. The actions of kings and queens both before and at their deathbeds suggest hesitancy to impose a wardship model upon royal children, especially upon the new boy king, and this royal reluctance is examined in greater detail in the chapter’s third and final part. Even when it became apparent an infant or child would succeed, kings eschewed entrusting their sons and kingdoms to the care of individual magnates, preferring collaborative arrangements in which the queen often took a prominent role.
Deathbed wills by their nature are susceptible to challenge. Clinicians are frequently invited to give expert opinion about a dying testator's testamentary capacity and/or vulnerability to undue influence either contemporaneously, when the will is made, or retrospectively upon a subsequent challenge, yet there is minimal discourse in this area to assist practice.
Methods:
The IPA Capacity Taskforce explored the issue of deathbed wills to provide clinicians with an approach to the assessment of testamentary capacity at the end of life. A systematic review searching PubMed and Medline using the terms: “deathbed and wills,” “deathbed and testamentary capacity,” and “dying and testamentary capacity” yielded one English-language paper. A search of the individual terms “testamentary capacity” and “deathbed” yielded one additional relevant paper. A focused selective review was conducted using these papers and related terms such as “delirium and palliative care.” We present two cases to illustrate the key issues here.
Results:
Dying testators are vulnerable to delirium and other physical and psychological comorbidities. Delirium, highly prevalent amongst terminal patients and manifesting as either a hyperactive or hypoactive state, is commonly missed and poorly documented. Whether the person has testamentary capacity depends on whether they satisfy the Banks v Goodfellow legal criteria and whether they are free from undue influence. Regardless of the clinical diagnosis, the ultimate question is can the testator execute a specific will with due consideration to its complexity and the person's circumstances?
Conclusions:
Dual ethical principles of promoting autonomy of older people with mental disorders whilst protecting them against abuse and exploitation are at stake here. To date, there has been scant discourse in the scientific literature regarding this issue.
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