Recorded Webinar: When in Doubt… A Practical Guide to Assessing Mental Capacity

When many practitioners hear of a client losing capacity, they often think of an ageing client losing testamentary capacity. However, the skill of being able to assess whether your client (of any age) has mental capacity to provide instructions is a fundamental aspect of the role of every solicitor - not just those in wills and estates. This session examines the practicalities of assessing a client’s mental capacity and provide guidance as to:

• The role of the lawyer and what signs they should look out for to identify if mental capacity is, or may soon become, a real and pressing issue
• The further enquiries lawyers are expected to make (and when) to inform their assessment of capacity (and cost implications of same)
• Discussing this with the client, charging for services undertaken in the process and how to manage confidentiality issues while making enquiries as to capacity and possible substitute decision makers
• The types of documents and records firms should be creating and retaining for use as potential evidence in court - what makes a good file note, and when may video recording be appropriate
• What to do when you receive medical opinions about capacity - what role does it play in the legal assessment of capacity and what have the Courts recently said about this?
• When and how to seek the appointment of a substitute decision maker