As advisers we act on the instructions of our clients and often oversee the execution of legal documents. How do we know if our client has legal capacity to provide those instructions or execute the documents in question?
This session discusses:
- Accountants and lawyers are not doctors
- When a client’s capacity is in doubt
- Red flags – Who is the client? What does the client have capacity to do?
- Capacity to give instructions and execute enduring documents and other documents
- Enduring powers of attorney do not endure beyond death and other furphies
- Trustees and the SIS Act – legislative confusion
- Medical reports, remote witnessing and keeping notes; and
- Lack of capacity – all is not lost.