The following case study describes a hypothetical patient who has sustained a Traumatic Brain Injury (TBI). Head Injury or Traumatic Brain Injury (TBI) is a complex condition affecting the Central Nervous System (CNS). The management of patients with TBI can be demanding and presents a challenge to all members of the rehabilitation team. Many factors need to be taken into consideration as the sequelae of TBI may affect lifestyle, aspirations, health and social status. It is therefore vital that the physiotherapist comprehends the complex nature of TBI and is aware of a number of management issues.
Name – Mrs Tania Thomson
Age – 72
Occupation – retired Art Teacher
Current History – Sustained a Traumatic Brain Injury (TBI), right colles fracture, multiple bruising and skin lacerations after road traffic accident in which she was knocked off her bike 10 weeks ago. This caused a closed head injury mainly affecting her right frontal lobe and to a minor extent right temporal lobe. Initially admitted to a neurological intensive care unit, but transferred to neurology ward after 2 weeks and has been in the neurological rehabilitation unit for the past 4 weeks. Colles fracture treated with cast – worn for 6 weeks, now wears tubigrip
Past Medical History – Mild, bilateral OA knees, has had physiotherapy in past, finds swimming eases pain
Mild asthma – managed with Ventolin and occasional course of low dose steroids.
Hospital admission for R lower lobe pneumonia 18 months ago
Social history – Married, lives with husband who worked full-time as Solicitor, retired 6 months ago. Husband has history of hypertension and diabetes and was investigated 3 years ago for transient left arm and leg weakness – no abnormalities found on scans / routine tests and symptoms resolved in 12 hours.
They live in a 4 bedroom detached villa on 2 storeys.
Bedrooms and bathrooms on both levels
2 grown up sons, 1 living in Glasgow (married with 2 teenage children and works 4 days a week), 1 in San Francisco.
Hobbies – plays piano and cello, treasurer and lead soprano in local choral society, volunteers at church groups, takes childrens art classes for Sunday School; walking, gardening and painting
On current assessment
At this stage in the neuro rehabilitation unit, Tania is receiving regular rehabilitation from:
the occupational therapist
the speech therapist
the clinical psychologist
A multi-disciplinary team meets weekly to determine rehabilitation goals.
During the time since admission to the neurological rehabilitation unit Tania has made continuous progress and assessment now shows the following abilities:
students. In case it should become impossible to carry out the terms of the trust, the testatrix directed that the income generated by the trust should be given to charitable organisations. All four invited universities refused to select students because of the racial selection criterion attached to the bursary. The judge reaffirmed in this case that freedom of testation is considered one of the founding principles of the South African law of testate succession. But freedom of testation, and the rights underlying it, are not absolute by referring to another case Rhode versus Stubbs where the balance to be struck between freedom of testation and its limitations was formulated as follows: Now the golden rule for the interpretation of testaments is to ascertain the wishes of the testator from the language used. And when these wishes are ascertained, the court is bound to give effect to them, unless we are prevented by some rule of law from doing so’. Therefore the judge refused to order to delete the word ‘white’ and he looked to fulfil another important principle, namely that South African courts are obliged to give effect to the clear intention of a testator as it appears from the testator’s will. Therefore the Court should give effect to the wishes of the testatrix and enforce the bequest to the charitable organisations. This case illustrates clearly that a court must give due recognition to freedom of testation and cannot alter at free will the provision of a will. 2.3. Conclusion In the South African case law, there are important judgements where freedom of testation has been limited or restricted by human rights as formulated in common law, statutory law or the South African Constitution. There has been a great impact of the constitutional rights and principles on the freedom of testation but this doesn’t mean that courts can rewrite lightly conditions laid down a will. The limitations are to be found in legislation or in common law principles. The limitations can only be to the extent that the limitation is reasonable and justified in a democratic society. 3. Freedom of attestation in Belgian law. 3.1 Freedom of testation in Belgian law. As in the South African legal system, the Belgian law of succession does not include any specific sections that deals with freedom of testation. But even so, the principle is considered as one of the foundations of the law of succession. In Book III of the Civil Code (Burgerlijk Wetboek – BW) the legislator lists the way goods can be passed from one subject of law on the other: “Op welke wijzen eigendom verkregen wordt”. Article 711 BW gives the different ways of acquiring property: “Eigendom van goederen wordt verkregen en gaat over door erfopvolging, door schenking onder de levenden of bij testament, uit kracht van verbintenissen.” Succession takes place by implementing the will of the testator or where there is no will in accordance with the law. The Belgian law of succession assumes the testamentary freedom: anyone can within certain legal limits, decide within his testament the destination of his property for the time after his death. The right to make use of his goods by way of testament is therefore linked to the right to property. This is the translation of the philosophy that the right of property would be completely impossible if one was not entitled to have full discretion at the time of his death of his goods. The freedom of testation can be considered in the law of succession as the counterpart of the freedom of contract and stems from the right of property. An owner can freely dispose of his goods and therefore could in principle also decide on the fate of those goods after his death. But in case the deceased has close relatives, there are limits: a part of his property, the reserve (or estate reserve, reserved share) goes to the close relatives. The testator can therefore only dispose on the rest (the available part). The children and the widow have a right to a minimum share in the testator\’s estate, which serves to restrict the testator\’s freedom of disposition and freedom to use and enjoy his property. This means also that the testator can limit the inheritance of the last surviving just like the part of all other heirs to the reserved portion. The Belgian reserve institute is very protective for the heirs. Till recently Belgian law was also >GET ANSWER