An individual who is determined to be incapable of managing their affairs may require a guardian to oversee and assist them. The Substitute Decisions Act 1992, (the “SDA”) provides that “An order appointing a guardian of property for a person shall include a finding that the person is incapable of managing property and that, as a result, it is necessary for decisions to be made on his or her behalf by a person who is authorized to do so.” But what happens if that individual refuses to have a capacity assessment to determine if they are in fact incapable?

As litigators who often prosecute claims against lawyers accused of negligence, we have observed first-hand the types of mistakes that are often made by lawyers. These mistakes generally stem from a failure to stay informed about the relevant law and/or to adopt and follow best practices when carrying out their duties. Increasingly, we anticipate that best practices will include utilisation of technical innovations. In this blog, we explore some of the ways in which such innovations may assist lawyers in avoiding malpractice errors and thereby reduce negligence claims.

Plene administravit which is Latin for “fully administered” is a doctrine and defence that is available to an estate trustee when a creditor brings a claim against the estate, but there are no, or insufficient assets in the estate to satisfy any judgment and costs.