CPD units: 1

Knowledge area: Substantive law

Capacity issues often come up in estate planning and estate disputes in NSW, especially when a client is older, unwell, reliant on other people, or wants to make a major change to their will or estate arrangements. Lawyers need to be careful to identify which type of legal capacity is relevant. This may include capacity to make a will, capacity to appoint an enduring power of attorney or enduring guardian, capacity to give legal instructions, and capacity to enter into transactions while alive. If capacity concerns are not recognised, properly assessed and clearly recorded, a will, transaction or appointment may later be challenged, and the lawyer’s conduct may also be questioned.

This webinar will ventilate some of these issues, as well as consider some of the things which can lead to disasters including lack of good and proper medical or expert evidence or opinion, poor file notes, inappropriate or conflict-ridden ways of taking instructions, failing to investigate suspicious circumstances, memory and cognitive issues, along with an assessment of a client’s capacity to actually understand and act autonomously, when making decisions.

Facilitator: David Papallo, Solicitor Director, Papallo Kouchoo Lawyers