Working with Clients with Affected Decision-Making Capacity

Broadcast live from the Elder Law Conference, this session explores how to identify and respond to potential issues arising from clients who may have affected decision-making capacity and wish to make a will or appoint an enduring power of attorney. The session will discuss, in a human rights context, the definition of decision-making capacity and supported decision-making; the relevant legal tests; common red flags; how to conduct an informal assessment of decision-making capacity; and when and how to go about effectively obtaining a formal (clinical) assessment. It will also touch on the recommendations of the Law Commission in He Arotake i te Ture mo nga Huarahi Whakatau a nga Pakeke | Review of Adult Decision-Making Capacity Law?(NZLC R151, 2026).

Learning objectives

By attending this session you will be better able to identify and respond to issues arising from clients who may have affected decision-making capacity and wish to make a will or appoint an enduring power of attorney.