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Capacity - what you need to know
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This book is only available in PDF format
Authors: Professor Kate Diesfeld, Dr Mark Fisher
Published: 12 September 2017
Pages: 21
Introduction
There is no introduction for this publication.
Content outline
- Definition of capacity
- Protection of Personal Property Rights Act (PPPRA) 1988 and Common Law Definitions
- Capacity and the “rationality” of the decision
- The spectrum of capacity
- Level of capacity required for the specific decision
- Mental illness and capacity
- How capacity features in the PPPRA
- Evaluating client’s understanding regarding legal elements of capacity
- Understanding testamentary capacity
- When to be concerned
- How do medical and legal capacity assessments differ?
- Assessment of capacity
- Documentation
- Expectations of lawyers
- Referral for a capacity assessment
- Process of requesting a capacity assessment from a medical practitioner
- Techniques lawyers can use to enhance client capacity
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