Challenging Power of Attorney Documents and Acting for Partially Capacitated Donors

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This paper reviews the test for capacity for enduring powers of attorney, and discusses issues of intention, coercion and duress, and undue influence. It also considers challenges for lawyers representing a partially capacitated donor, including issues related to retainers, instructions, ethical considerations, and payment of legal fees.

This paper is part of a collection presented at LESA’s Wills & EPAs – Commonly Occurring Issues program in Edmonton on January 23, 2019 and in Calgary on January 30, 2019.

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