Author: Kimberly A. Whaley

Acting for clients who appear to suffer from diminished mental capacity can raise complex ethical issues for lawyers. Looking at cases from across Canada, with an emphasis on Alberta case law and legislation, this paper provides an overview of decisional capacity. It also addresses decisional capacity issues arising in the wills, estates, and elder law context.

This paper is part of a collection presented at LESA’s 2022 Refresher: Wills and Estates program in Banff on April 29-May 2, 2022.