Evaluating mental capacity: Pitfalls and prevention. 21 September 2022
Banco Court, Supreme Court of New South Wales
184 Phillip Street
Sydney NSW 2000
STEP NSW Branch invites you to a lecture with Dr Jane Lonie, Clinical Neuropsychologist.
When dealing with matters involving questionable capacity, legal practitioners and the judiciary are forced to consider what mental/cognitive abilities support or negate the assumption of capacity and how these abilities are evidenced.
There are a number of determinative elements in the process of evaluating capacity, all of which are specific to any given client and their individual circumstances.
When medical opinion around capacity is sought, the methodology applied to evaluating capacity can take various forms and can result in varying depths of evidence and explanation for the opinion that is put forward.
The need to consider mental capacity or informed consent extends beyond the legal profession to encompass all frontline client-facing services including treating clinicians, medical researchers, financial advisors, accountants, and NDIS service providers.
Despite this, there is very little information and guidance of a practical nature to assist legal practitioners and other front-line professionals to evaluate mental capacity in a neuroanatomically relevant and efficient manner, and in a manner that gives rise to robust and useful contemporaneous evidence.
Closer scrutiny of many of the current approaches to evaluating mental capacity is needed to raise the bar in this area of practice.
Online via Webinar
We are delighted to welcome you back in person to our Wednesday evening seminars in the Banco Court. Please note: the Court’s COVID-19 rules will apply to all attendees.
As this seminar has the option of 'in-person attendance' or 'remote attendance', please ensure you select the correct ticket type when registering for the event.
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