Nor'West News: October 29, 2020
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living life october <strong>2020</strong><br />
Discovering Positive retireMent<br />
law<br />
Puzzle<br />
UnDERStAnDinG<br />
CAPACitY<br />
As lawyers, we are required to<br />
meet with you and take your<br />
instructions in order to help<br />
you complete the particular<br />
legal task you are planning.<br />
Sometimes when we do this,<br />
we need to take a little extra<br />
time to consider your mental<br />
capacity to make decisions.<br />
Mental capacity is a client’s<br />
capacity to make a decision.<br />
Decision making requires<br />
living that a client:<br />
EXERCiSE thE minD<br />
of the mind that could distort<br />
life • understands the decision their decision making.<br />
SUDOKU - EASY SUDOKU - mEDiUm<br />
they are having to make<br />
• can discuss with us the<br />
possible options available<br />
to them in a way that shows<br />
they appreciate the risk and<br />
or benefit of those options<br />
• understands the impact<br />
that a decision, or the lack of<br />
a decision, may have on them<br />
or their loved ones<br />
• is able to articulate and<br />
discuss all of the above with<br />
us.<br />
It is important to note that<br />
the level of capacity required<br />
isn’t the same in every<br />
situation. For example, to<br />
make a Will, the legal test<br />
is whether the client knows<br />
they are making a Will<br />
and the effect of doing so,<br />
whether they understand the<br />
extent of the assets they are<br />
dealing with, whether they<br />
comprehend the moral claims<br />
which they ought to give<br />
effect to, and finally whether<br />
they are free of any disorders<br />
However, when giving<br />
instructions to complete<br />
Enduring Powers of<br />
Attorney, the test is lower<br />
and is satisfied if a client<br />
understands the broad<br />
consequences of granting an<br />
enduring power of attorney<br />
and can process the relevant<br />
information and appreciate<br />
the nature and effect of the<br />
power they are giving.<br />
Having these discussions can<br />
be difficult. However if there<br />
is a risk that a client’s Will or<br />
Enduring Power of Attorney<br />
or other decision of a legal nature might<br />
be challenged it is wise for the client to<br />
obtain a medical certificate in respect of<br />
their capacity in consultation with their<br />
lawyer.<br />
A failure to take this basic precaution<br />
may cause uncertainty, delay, cost and<br />
distress later on.<br />
If a client is concerned about this risk it<br />
SOlUtiOnS On lASt PAGE<br />
is best to discuss with your legal advisor<br />
or general practitioner.<br />
At Harmans we have a specialist seniors<br />
team to help you through the process of<br />
setting up your legal deeds and dealing<br />
with any queries you may have. Contact<br />
Phillipa Shaw on 352-2<strong>29</strong>3 to arrange an<br />
appointment to discuss your situation.<br />
Family Owned & Operated<br />
RetiRement Village<br />
Apartment for sale<br />
Priced from $215,000<br />
1 bedroom<br />
Inquiries to Karen 021 668 140<br />
Get In touch:<br />
437 Armagh Street,<br />
Linwood, Christchurch 8011<br />
Call Jess for care bed inquiries.<br />
General Inquiries:<br />
(03) 982 2165
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