Mental Capacity with Simpson Western

Mental Capacity

Mental capacity is not something that we feel comfortable raising with family members; however, it is very important to consider. Why?

If a person:

(a) enters into a contract;

(b) wishes to execute a will;

(c) wishes to put in place an Enduring Power of Attorney; or

(d) is unconscious and a decision needs to be made about healthcare;

and that person does not have mental capacity, the contract, or document may not be valid, legally enforceable, or able to be put into effect? For property and healthcare matters, family members will need to approach the Family Court. If the document is a Will, it may be open to challenge.

What is mental capacity?

Mental capacity is the ability of a person to make decisions for themselves. A person’s mental capacity will be assessed, not by you or me, but by a qualified medical practitioner, or, if necessary, a decision by the Family Court may be required.

What can you do?

If you have reason to believe a person may not have mental capacity, don’t leave it till the last minute to address it, this will only lead to additional costs. If you are worried about what will happen if you lose mental capacity, then we can prepare legal documents to provide for this. If possible, Enduring Powers of Attorney should be put in place. The Enduring Powers of Attorney can come into effect once a person is assessed by a medical practitioner as mentally incapable. Enduring Powers of Attorney are relevant; not only for ageing parents, but also for instances where accidents or health issues arise. We have had examples of this recently, if you would like to know more details.

If you want to make a valid Will, and there is a possibility someone may challenge the Will on grounds of incapacity, you can pre-empt a challenge by having your capacity assessed at the time of making your Will.

If you have any questions as to how mental capacity impacts your legal transaction, call the team at Simpson Western on 09 421 0559.

Patricia Parker Solicitor

Everyone wants the good life - smooth sailing, affairs in order, business matters sorted, our families and assets protected.

For exceptional legal support and results, together with a real belief in personal service, please give us a call.

Silverdale Corner Millwater Parkway and Polarity Rise, Silverdale p. 09 421 0559 Takapuna Level 3, Takapuna Finance Centre, 159 Hurstmere Road, Takapuna p. 09 486 3058 simpsonwestern.co.nz

Grayson Furniss

LICENSED SALESPERSON BRAND & TERRITORY OWNER

P 09 426 6155 M 021 665 423 E grayson.furniss@mikepero.com www.mikepero.com

MTF Finance Silverdale offers personal and business lending. Contact us to learn more.

09 421 0335 or 022 FINANCE

Cnr Milner Ave and

Millwater Parkway mtf.co.nz/silverdale