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 presentation provides an overview of decisional capacity. It also addresses decisional capacity issues arising in the wills, estates, and elder law context.   

This on-demand program was originally presented as an in-person session on May 1, 2022, as part of LESA’s Refresher 2022: Wills and Estates. Total running time is 46 minutes.