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Elder Law Assignment
LAWS 3016 - Elder Law
10 Pages • Essays / Projects • Year: Pre-2020
To further advise you on the requests you have made, it is essential that you have full capacity before we proceed. There will be no validation of the requested power of attorney, guardianship and advance care directive to be prepared without the full capacity required. It is assumed in NSW that all adults have capacity unless demonstrated otherwise. Although there is no test conducted, capacity is essentially determined by a person’s ability to understand, communicate and act accordingly. However, when exposed to making legal decisions, it is a requirement that you are aware and understand the nature of documents, its purpose, possible outcomes/risks that are involved.
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