Edward, your client of 15 years, comes into your office. Typically punctual, he’s half an hour late for this appointment. Edward explains that he got lost. He asks you to draft a codicil to his will.

Doctors are increasingly being asked to make assessments of their patients' mental capacity to create a legal document such as a Will or Lasting Power of Attorney, but you do have the right to refuse ...

Within the context of the Mental Capacity Act 2005, mental capacity means the ability to make a decision. A person's capacity to make a decision can be affected by a range of factors such as a stroke, ...

Despite guidance from the FSA, confusion still reigns over risk assessment and capacity for loss. Make sure you’re on the right track with our guide on how to make an assessment. 1. Beware of the ...

As clients age, the likelihood that they’ll face physical and mental health problems rises. As a result, clients’ families may start to wonder whether capacity will become an issue. They may ask you ...

Jill Sing’s client was proud as punch to have finally bought her first new car. “Oh! I forgot to tell you!” said the elderly woman when Sing, a Victoria-based CPA, CA, CFA, CFP, and TEP, asked about ...

A term that is often misunderstood, in the context of the Mental Capacity Act 2005, is ‘material time’, which is used at section 2(1) of the MCA: "For the purposes of this Act, a person lacks capacity ...