Decisional Capacity

This presentation will explore the nature of capacity and issues that arise when taking instructions from clients with diminished capacity such as:

• The concept of legal capacity
• The difference from medical definition of capacity
• Specific decisional capacity to:Manage property (e.g. to instruct on a trade) Enter a contract Make a gift Enter into real estate transactions Marry, separate and divorce Make a will, codicil and a trust Give or revoke powers of attorney for property A summary of the role and duties of attorneys or guardians of property will be reviewed, along with discussion of borderline cases and remedies to perceived or actual mismanagement of property by a fiduciary.

Instructor(s): Areta Lloyd