With the increasing diversity of families in New Zealand, claims relating to capacity are increasing.  While the law relating to testamentary capacity is largely well understood the differing levels of capacity for wills, enduring powers of attorney, ordinary powers of attorney, entering into contracts and wide-ranging trust documents is commonly misunderstood. Also misunderstood is who determines capacity and how.

This Practical Guide to Capacity considers the various legal tests for capacity, relevant legislation and case law, and provides valuable practical guidance on what is required to identify and address concerns relating to capacity, mitigate any challenges and protect the adviser and client / patient.  

This book includes checklists, valuable resources and comprehensive template letters, for lawyers, advisers and health practitioners to adapt to the particular circumstances.  

The book also provide practical guidance to health practitioners as to the prescribed information for a health practitioner’s certificate of mental incapacity that complies with the Protection of Personal Property Rights Act 1988 and when this is required.

 About the author     

Vicki Ammundsen is the director of Vicki Ammundsen Trust Law and advises on all areas of trust and estate law and practice. She is the author of a number of books, including Taxation of Trusts, Trustee Liability, The Trustee’s Handbook, the Residential Care Subsidies Handbook, A Practical Guide to Legal Issues for Older People and Memoranda of Wishes. She is a highly regarded conference and webinar presenter and the creator of the blog, “Matters of Trust”. As well being actively involved with the creation and management of client trusts, Vicki is also experienced with trust dispute resolution.