This On Demand was originally recorded on 31 July 2024.

Questions of capacity can, and do, arise in various areas of practice. How confident are you in being able to spot red flags, conduct a capacity assessment and  determine when to seek a clinical capacity assessment? 

In this On Demand, Professor Kate Diesfeld JD and Dr Mark Fisher will explore the nuanced assessment of capacity across common contexts, from making wills to making medical decisions. Viewers will learn what the concept of capacity is and how the courts have recently responded to issues of capacity. Designed as a practical exercise, viewers will observe a role play and apply the recommended strategies for lawyers’ engagement in capacity assessment.

Who Should Watch?

All legal professionals who assess mental capacity in their area(s) of practice, such as lawyers who practise in the fields of elder, mental health and family law as well as general practitioners.

Learning Outcomes

Learning Outcomes

• Explore the legal context of capacity in New Zealand.
• Identify red flags that alert lawyers to clients’ potential capacity issues.
• Learn the lawyer’s role in assessing capacity and when to refer a client for clinical capacity assessment.
• Discover what information clinicians need from the lawyer.
• Learn strategies to optimise and increase clients’ ability to express their capacity.
• Identify ways to support clients’ decision-making.
• Enhance lawyering skills to assist clients with compromised capacity.  

Presenters

Professor Kate Diesfeld JD - Professor of Law, School of Public Health and Interdisciplinary Studies AUT

Dr Mark Fisher - Clinical Head of Mental Health Services for Older People, Te Whatu Ora Counties Manukau