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Commentary

47 Capacity and inability to make decisions

POWERS OF ATTORNEY vol 31(2)

47 Capacity and inability to make decisions

| Commentary

Certain matters affect attorneys, for example the duty to act in the donor’s best interests, justifying their decisions if challenged, or considering if the donor can make this decision for him/herself. These issues revolve around the question: Does the donor lack sufficient capacity at this time for this specific decision? It is important for attorneys acting under lasting powers of attorney to have an understanding

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