Deathbed instructions and the assessment of capacity: A practical perspective
Abadines, Evelyn & Purser, Kelly (2015) Deathbed instructions and the assessment of capacity: A practical perspective. In 34th International Congress on Law and Mental Health, 12 - 17 July 2015, Vienna. (Unpublished)
The assessment of capacity in the context of wills and advance care planning is a challenging task for modern practitioners with the increase in mentally disabling conditions, such as acquired brain injury. This challenge is only heightened in the situation where the assessment occurs at the client’s deathbed as there are the added elements of urgency, and emotional upheaval at the impending death of a loved one. This situation poses a minefield of problems a legal practitioner should be aware of, involving not only the assessment process but also potential professional liability issues. This presentation will address the practical considerations a legal professional should take into account when in this situation. We will focus on two discrete situations and the issues arising from them: first, where there has been an acquired brain injury and legal capacity is in question; and second, where a spinal injury has occurred which does not affect capacity, rather results in the inability to use conventional forms of communication to communicate his/her instructions. We will examine these case studies with a view to proposing a best practice model for legal practitioners when assessing capacity in this context.
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|Item Type:||Conference Item (Presentation)|
|Keywords:||Deathbed wills, Testamentary capacity, Practical perspective, Best practice, Case studies|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)|
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Current > Schools > School of Law
|Copyright Owner:||Copyright 2015 The Author|
|Deposited On:||16 Sep 2015 23:44|
|Last Modified:||16 Sep 2015 23:44|
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