Legal capacity - assessments for a will, power of attorney, enduring guardianship - from $440+gst

Protect you client’s will. Protect your firm. Get a contemporaneous assessment of legal capacity when executing the will or other documents.

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By bruce

April 19, 2018

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Professional standards - why you need this assessment

The new professional standard for executing a will, power of attorney or enduring guardianship for a client over 70, receiving home care, in a nursing home, or who shows any other signs of cognitive slowing is to have a contemporaneous assessment of mental and legal capacity before executing the documents. Ryan v Dalton [2017] NSWSC 1007.

This protects the client’s intentions and also protects the solicitor from potential professional negligence and misconduct proceedings.

In theory a solicitor can conduct the assessment, but given the purpose of the assessment is to avoid litigation and the likelihood that a solicitor who conducts their own assessment will just be called and cross examined on the extent of their expertise to determine psychological capacity ... why would any solicitor do that?

Standard assessment

Price: Standard cognitive capacity assessment and assessment of understanding of general principles behind a will = $440+ GST at CBD offices.

Review of a specific will and assessment of understanding of the will in question add $220 + GST.

Assessment of multiple issues, eg will and power of attorney and guardianship, will involve more time and additional cost.

Time and disbursement costs will be charged for other locations.

For a quote contact us.

Registered psychologist: Conducted by a registered psychologist trained in the legal principles underlying wills, powers of attorney, and enduring guardianship appointments

Location: Our CBD assessment rooms, the solicitor’s office, the client’s home or a nursing home.

Transactions: Standard wills, powers of attorney including enduring powers, enduring guardianship documents.

Includes: Discussion with the treating doctor, review of medical materials, review of transaction documents, interview with client, preparation of a detailed report specifically addressing both general cognitive capacity and the client’s capacity to understand the specific transactions.

Complex assessment

Where there is advanced cognitive deterioration the assessment will need to be tailored to the particular client. It may involve different experts depending on the underlying conditions and the complexity of the transactions involved.

Where the will or other transactions are complex additional time and assessment processes may be required which will increase the cost.

More information

For more information about the principles behind these areas go to:

Testamentary capacity

Power of attorney capacity

Enduring guardianship capacity

Legal capacity - introduction and overview



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St Leonards 1590
Phone: 1300 72 66 55
Fax: 1300 72 66 33