The goal of this seminar is to distinguish for attendees the various tests for capacity in the context of SDA litigation, disputes regarding testamentary capacity and section 105 of the Courts of Justice Act and Rule 7 motions. Presenters will review how different thresholds of capacity apply when dealing with different matters. Clients may have the capacity to give instructions and retain a lawyer but not to prepare a Will. They might have capacity to execute powers of attorney, but lack the capacity to manage their property and personal care. They might have the capacity to marry or divorce their spouse, but not to revise their Will that excludes them from their estate. Attendees will be made aware of these different thresholds.

Topics include the Capacity to Do the Following:

• To give instructions
• To make a Will and designate beneficiaries
• To make powers of attorneys
• To manage property
• To manage care
• To make a gift
• To marry / divorce