Testamentary capacity: Medico-legal risks in clinical practice
Testamentary capacity is essential for a Will to be considered valid. Whether approached before a Will is signed or retrospectively after death when a Will is disputed, these assessments require clinicians to have a clear understanding of the scope and limits of what is being requested.
In this webinar, our panel will explore the common medico-legal pitfalls practitioners may encounter when dealing with testamentary capacity assessments and provide practical guidance to help you respond with confidence.
At the end of this session, participants will be able to:
- Critically examine the legal and regulatory frameworks governing testamentary capacity assessment and medico‑legal opinion writing
- Describe a structured risk‑management framework to approach testamentary capacity requests (current vs retrospective), including appropriate referral/declining decisions and evidence-informed documentation.
- Plan practical risk mitigation strategies to minimise medico-legal risk.
Audience
This webinar is relevant to any healthcare practitioner who may be asked to assess capacity, document cognition or decision-making, or become involved in medico-legal processes. This includes GPs, GP registrars, geriatricians, psychogeriatricians, psychiatrists, and hospital doctors across emergency medicine, general medicine, neurology, and psychiatry and palliative care, as well as clinicians who prepare medico-legal reports or may be called upon to provide an affidavit.
Speakers
Dr Owen Bradfield – Chief Medical Officer, MIPS
Dr Amy Litras – GP, Medico-legal advisor
Emma Blay – Special Counsel, Barry Nilsson
CPD Accreditation
This activity is accredited with RACGP, ACRRM and ACEM..
CPD Recognition for MIPS Members
- Pre-webinar activity: 1-hour Reviewing Performance (RP). The activity can be completed here. You'll also need to complete the Evaluation Form.
- Live webinar: 1-hour Educational Activity (EA). Following the webinar, you'll need to complete the Evaluation Form.
- Post-webinar activity: 1-hour Reviewing Performance (RP). The activity will be shared following the webinar.
This webinar meets the Medical Board of Australia’s program-level requirement for activities in professionalism and ethics.