Client Capacity
A solicitor cannot act on instructions from a client who does not have the necessary mental capacity. The legal test for capacity varies according to what is involved, for example whether the client wants to make a will or enduring power of attorney or to pursue a court case. It is often difficult for a solicitor to assess whether a client has capacity. In cases of doubt a medical assessment may be needed.
FAQ
- Are there any guidelines for witnessing an enduring power of attorney (EPA)?
- I have doubts about my client’s capacity – what should I do?
- Assessment of capacity Disciplinary issues and potential liability - Proctor March 2009
- Clare Endicott - Client Capacity & Professional Standards - QLS Elder Law Conference 2009
- Ford disciplinary report summary - Proctor Nov 08
- P. Sheehy - Managing family law clients with complex needs - QLS Family Law Residential 2007




