Live Webinar: Capacity in the Elderly and Lawyers Professional Conduct Obligations


Date:  Thursday 15th November 2018 – Online:
Vic, NSW, ACT, Tas: 11am to 12:30pm 
SA:  10:30am to 12noon  WA: 8am to 9:30am 
NT: 9:30am to 11am  Qld: 10am to 11:30am

Capacity to do what is the first question, because capacity issues arise every time you are acting for a client with some form of cognitive impairment.  It’s not just about the will - the question arises every time you receive instructions.   It arises when your client is said to have lost capacity.  Capacity also raises issues of professional conduct:  should you act on the instructions or not?  Get it wrong and you might find yourself in hot water with the regulator.  This presentation will cover:

  • Capacity and willmaking:
    • the Banks and Goodfellow test - has the law developed at all?
    • the duty to make the will - where it stands today
  • Making an enduring power of attorney:
    • what is the test of capacity for an EPOA?
    • do you have a duty to make the power if possible?
  • Taking instructions on other matters - determining  the test
  • Practical guidance in assessing capacity:
    • checklists and guidelines - does box ticking help - and do you have a choice?
    • meeting the client - in the absence of relatives
    • tell-tale signs of capacity loss
  • Capacity is a legal test - what is the role of the medical profession in assessing capacity?
    • when should you have the client seek a medical opinion?
    • what questions should you ask the doctor and how?
  • Capacity and professional misconduct:
    • what the professional conduct rules tell us
    • likely sanctions for breach
    • case law on the issue
    • practical steps to stay out of trouble
Our presenter

Jenny McMillan, Legal Practice Consultant, Lawcover, Sydney

Jenny McMillan was admitted to practice in New South Wales in 1989 and in Western Australia in 1992.  She is a Law Society of NSW accredited specialist in wills and estates and has extensive experience in this area both in private practice and with a trustee company. 

Jenny is a member of the NSW Law Society Elder Law and Succession Committee, a member of the Society of Trust and Estate Practitioners and a part-time member of the Guardianship Division of the NSW Civil and Administrative Tribunal. 


This webinar is suitable for succession lawyers – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.


Live webinar delegates will receive a CPD certificate for attendance at this webinar.  Lawyers can claim up to 1.5 CPD units/points – substantive law.  This webinar has been designed to run for 1.5 hours, however, webinar lengths can vary depending on the level of questions and discussion, and the minimum length of the webinar is 1 hour.

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email:

Attending a TEN webinar couldn’t be easier. Basically it’s just like attending a seminar except that you don’t have to leave the comfort of your office or home. You just need to be available at the appointed date and time with your computer and internet connection.

Once you’ve registered for the webinar, we send you a link so that you can login to the webinar from your computer. The speaker delivers the session from their computer in real time. Just like a live seminar, you can ask questions of the speaker. You simply type your question into the question box and the speaker responds to it during question time.
At the end of the webinar session we send you a certificate to confirm your attendance and the number of CPD hours you earned.

You will need a computer with sound, an internet connection and earphones if you need to participate in the webinar in an open office environment (so you don’t disrupt those around you).

Product Code: RBHNOV18
 Price:   $264.00 (Inclusive of GST)
© 2019 Television Education Network Pty Ltd. All rights reserved. The program for this webinar is copyright and may not be reproduced in any form without the prior written consent of the copyright owner.