Testamentary capacity & competence assessment: questions of relevance given increasing ageing and dementia in Australia

This is a short article extracting some key content from an article pre-publication (hopefully in an eminent peer-reviewed journal) by Jane Lonie. The intention is that this article will be a primer for further reading in this area as relevant to your particular cases/clients.

Capacity is:
• the ability to make and communicate a decision;
• not a unitary or global concept;
• domain specific: particular to the type of decision being made (e.g. personal, health, financial); and
• decision or task specific: different for every decision made, even within one domain.[1]