Capacity Assessment and the Law Problems and Solutions
This book discusses theoretical issues, standards, and professional considerations arising when legal and health practitioners undertake legal capacity assessments in the context of wills, enduring powers of attorney and advance health directives. The pot
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Capacity Assessment and the Law Problems and Solutions
Capacity Assessment and the Law
Kelly Purser
Capacity Assessment and the Law Problems and Solutions
Kelly Purser Faculty of Law Australian Centre for Health Law Research Queensland University of Technology Brisbane, Queensland Australia
ISBN 978-3-319-54345-1 ISBN 978-3-319-54347-5 DOI 10.1007/978-3-319-54347-5
(eBook)
Library of Congress Control Number: 2017937582 © Springer International Publishing AG 2017 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer International Publishing AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
I would like to express my immense appreciation to Lyn and Bruce Purser. Without them, this would not have been possible. This book is dedicated to them as a token of my gratitude for their continuous love and support.
Preface
My interest in the area of capacity assessment in the testamentary and decisionmaking context arose from my time in legal practice as an estate planning practitioner. A situation arose whereby a client’s capacity needed to be assessed. Attempts were made to speak to the client’s general practitioner, who avoided all mediums of communication, that is, until after the amended will had been signed. It was at this time that the general practitioner said that the client lacked capacity to execute the will but did retain capacity to make financial decisions and, further, that the refusal to become involved in the capacity assessment resulted from a fear of inclusion in potential future litigation. There is a remarkable amount of trust necessarily being placed in the professionals conducting these assessments, which leads to the question: What happens if those professionals are not comfortable with that role
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