this product is unavailable for purchase using a firm account, please log in with a personal account to make this purchase.

LIV facilities open from 29 November 2021.

COVIDSafe measures apply in line with Victorian Public Health Orders.

Find out more
Select from any of the filters or enter a search term

The capacity conundrum – assessing your client’s capacity to make legal decisions

The capacity conundrum – assessing your client’s capacity to make legal decisions

By Katie Miller

Capacity Dispute Resolution Human Rights Justice 

One of the key issues for the LIV this year is the Royal Commission into Family Violence. We’ve made a submission to the Commission and assisted the Commission to find suitable witnesses to give evidence about the interaction and gaps between the various courts involved in family violence issues. It’s easy to think that family violence is something that happens in families with young children, with one parent abusing the child or the other parent. But what about when it’s the other way around – what if it’s the child abusing the parent? Unfortunately, lawyers practising in elder law see this all the time. Senior Rights Victoria has given evidence to the Royal Commission about financial abuse of elderly parents by their middle-aged children. Labelled “early inheritance syndrome”, it involves the misuse of powers of attorney to use the parents’ assets to pay the children’s debts. It is estimated that in 2013–14 elderly people lost $60 million to financial abuse.

The content you are trying to access is exclusive to LIV members*

To access your exclusive member content please click the 'Already a Member' button below and you will be redirected automatically.

Not a member but would like to find out about the value of LIV membership? Click the 'Become a Member' button below or call our membership team on (03) 9607 9470.

*Note that some content may be exclusive to specific types of members. If you would like to inquire about your access please contact the membership team on (03) 9607 9470.