How can a JP assess “sound mind”/”mental capacity”
In some of the documents that clients ask us to process, JPs are asked to confirm that the client ‘appears to be of sound mind’. The emphasis here is on the word “appears”. NZ law states that every person is presumed to be of sound mind/have mental capacity until proved otherwise.
The Protection of Personal and Property Rights Act 1988 provides some criteria and states that individuals “are presumed to have capacity until the contrary is proved.”
The criteria are the ability to
-
-
- understand information,
- appreciate the nature and consequences of a situation,
- use information rationally, and
- communicate your choices to others.
-
There is further up to date clear information in the Community Law Manual, including chapters on Wills and Enduring Powers of Attorney written in language which is easy to understand.