Interest Group Updates

Determining Capacity of the Principal to an EPA or AHD


Enduring Documents Interest Group

You’ve told us you would like to receive updates and information about witnessing enduring documents – wills, powers of attorney and advance health directives.

QCAT Advice to JPs on Determining Capacity

Hi Website
A recent case hear before the Queensland Administrative Civil and Administrative Tribunal resulted in the Tribunal making several recommendations to JPs (and Cdecs) when establishing a principal’s capacity to execute an Enduring Power of Attorney or Advance Health Directive. 
In this case, the finding was that the JP did not correctly determine capacity for an elderly patient in a nursing facility when witnessing and Enduring Power of Attorney (EPA).  In addition, the JP did not keep adequate notes in their logbook the QCAT hearing determined the EPA to be invalid.
To view the full court decision click here

A paper prepared by Chair of the QJA Training and PD Committee, Chris Lancaster on the matter is here.

Our EPA or AHD checklist can greatly assist in recording your witnessing of an EPA or AHD
You can find these tools in our member resources site.
Login to the member portal here and then go to Resources> Members Area>Member Tools>Enduring Documents Tools to download.  We also have some role play videos you can watch as well.
 

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  • Family Law
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