A Practical Guide to Capacity

With the increasing diversity of families in New Zealand, claims relating to capacity are increasing. While the law relating to testamentary capacity is largely well understood the differing levels of capacity for wills, enduring powers of attorney, ordinary powers of attorney, entering into contracts and wide-ranging trust documents is commonly misunderstood. Also misunderstood is who determines capacity and how.

This Practical Guide to Capacity considers the various legal tests for capacity, relevant legislation and case law, and provides valuable practical guidance on what is required to identify and address concerns relating to capacity, mitigate any challenges and protect the adviser and client / patient.

This book includes checklists, valuable resources and comprehensive template letters, for lawyers, advisers and health practitioners to adapt to the particular circumstances.

The book also provide practical guidance to health practitioners as to the prescribed information for a health practitioners certificate of mental incapacity that complies with the Protection of Personal Property Rights Act 1988 and when this is required.