- CPD Points: 1 [PS]
- Price: $89.00
- Area: Elder and Succession Law; Estate Planning; Guardianship; Powers of Attorney; Wills
- Delivered: August 2024
Digital Content
- Recording
- PDF of Slides
To purchase login below
Description
Dr. Jane Lonie, Consultant Clinical Neuropsychologist presents this informative session into the 2024 Estate and Succession Law Conference. This presentation will focus on dementia and legal capacity, taking into consideration that listed below.
Session Outline
- What does an estate practitioner need to know about dementia in order to represent clients and families for whom dementia is relevant and respond to issues relating to legal capacity?
- What are the common pitfalls in evaluating (or not evaluating) legal capacity and how do I avoid these?
- What practical approaches can be taken when evaluating legal capacity to avoid errors of judgement and minimise risk of future litigation?
- A range of current and unresolved issues and conundrums in the area of legal capacity and dementia will be discussed.
The key takeaways from this session include:
- There is a need to move beyond the assumption of legal capacity and to generate and document evidence of capacity.
- It is possible to do this using a combination of open-ended questions designed to elicit evidence of behavioural indicators of legal capacity.
- There is a need, on the part of the estate practitioner, to be able to better scrutinise medical evidence relating to legal capacity.
- There is a need to re-evaluate the professional skill set required to evaluate legal capacity, both in the legal and medical fields.
- Best practice in evaluating and applying criteria for legal capacity and in dealing with clients with diminished or questionable decision making capacity, requires the collaboration between the relevant medical professions and law.
- CPD Points: 1 [PS]
- Price: $89.00
- Area: Elder and Succession Law; Estate Planning; Guardianship; Powers of Attorney; Wills
- Delivered: August 2024
Digital Content
- Recording
- PDF of Slides
To purchase login below
Description
Dr. Jane Lonie, Consultant Clinical Neuropsychologist presents this informative session into the 2024 Estate and Succession Law Conference. This presentation will focus on dementia and legal capacity, taking into consideration that listed below.
Session Outline
- What does an estate practitioner need to know about dementia in order to represent clients and families for whom dementia is relevant and respond to issues relating to legal capacity?
- What are the common pitfalls in evaluating (or not evaluating) legal capacity and how do I avoid these?
- What practical approaches can be taken when evaluating legal capacity to avoid errors of judgement and minimise risk of future litigation?
- A range of current and unresolved issues and conundrums in the area of legal capacity and dementia will be discussed.
The key takeaways from this session include:
- There is a need to move beyond the assumption of legal capacity and to generate and document evidence of capacity.
- It is possible to do this using a combination of open-ended questions designed to elicit evidence of behavioural indicators of legal capacity.
- There is a need, on the part of the estate practitioner, to be able to better scrutinise medical evidence relating to legal capacity.
- There is a need to re-evaluate the professional skill set required to evaluate legal capacity, both in the legal and medical fields.
- Best practice in evaluating and applying criteria for legal capacity and in dealing with clients with diminished or questionable decision making capacity, requires the collaboration between the relevant medical professions and law.
Dr Jane Lonie, Consultant Clinical Neuropsychologist
About the Presenter:
Dr. Jane Lonie, Consultant Clinical Neuropsychologist – Dr Lonie has over 20 years of experience in specialist neuropsychological assessment. She completed a psychology honours degree and a Clinical Neuropsychology Masters degree at Macquarie University. She moved to Scotland, shortly after, where she worked as a Clinical Neuropsychologist for over 10 years. In 2010 Jane completed a PhD with the University of Edinburgh’s Department of Psychiatry. During her career, Jane has provided specialist neuropsychological assessments and reports for in excess of 3,500 patients. She is a regular provider of medical evidence in matters of legal capacity to the Supreme Court of NSW and NCAT. Jane is author of a numerous peer reviewed journal articles and abstracts (including the Law Society Journal of NSW; Australian Bar Review; Journal of Law and Psychiatry and Elder Law Review) and retains a keen and active interest in neuropsychological assessment and dementia research. She is a member of the Australian Psychological Society’s College of Clinical Neuropsychologists (CCN) and a full practitioner fellow member of the British Psychological Society’s Division of Neuropsychology (DoN). Jane has completed specialist training in the assessment of capacity and reporting and provision of expert medico-legal opinion in capacity with The Australian Centre for Capacity and Ethics and the Prevention of Exploitation of People with Disabilities (ACCEPD). Dr Lonie is a member of The Society for Trust and Estates Practitioners (STEP).
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