This On Demand was originally recorded on 30 March 2022.

Client capacity can be a “grey” and challenging area for lawyers in various areas of practice, and with our ageing population it will continue to be so. Having an understanding of capacity issues in different legal contexts and of the relevant legal tests and thresholds for capacity, is essential. Recognising red flags and having strategies to sensitively advise your client, knowing when and how to obtain the relevant capacity assessment from a medical practitioner, and your obligations regarding client instructions when capacity is in question but not medically assessed, are all key.

This On Demand will provide Practical considerations from both the legal and medical perspective, including other aspects such as removal of incapacitated trustees under the Trusts Act 2019 and practical “house-keeping” tips to assist an attorney when acting for an incapacitated client under an EPA.

Who should view?

All those practising in the areas of general practice, trusts and estates, elder law, mental health and disability, health care, criminal and family law.

Learning Outcomes

• Understand the different legal tests and thresholds for client capacity that are applicable to various types of decisions.
• Know when, how and from whom to effectively request a medical capacity assessment.
• Become aware of common red flags that indicate potential capacity issues.
• Receive practical tips to assist you when acting for clients whose EPAs have been activated due to incapacity.
• Learn about the process for removing an incapacitated trustee under the Trusts Act 2019 and other capacity issues relating to trusts.
• Benefit from discussion on judicial commentary regarding capacity, including the Supreme Court’s decision in Sandman v McKay.

Presenter Details

Chair

Professor Kate Diesfeld | Professor of Law, Auckland University of Technology

Presenter

Vicki Ammundsen | Director, Vicki Ammundsen Trust Law Limited

Presenter

Andrew Steele | Barrister, Princes Chambers

Presenter

Dr Mark Fisher | Psychogeriatrician