British Columbia Law Institute Consultation Paper on Common-Law Tests of Capacity

The British Columbia Law Institute has published a Consultation Paper on Common-Law Tests of Capacity.

From the press release:

"The consultation paper examines legislative reforms to judge-made rules governing when a person is determined to have the mental capacity to carry out a transaction or enter into a relationship. It was prepared with the assistance of a ten-person, all-volunteer project committee, made up of some of the leading lights in this area of the law (...)"

"The consultation paper contains 31 proposals for reform on how tests of mental capacity operate when someone wants to make a will, to designate a beneficiary under an insurance policy or retirement plan, to make a gift, to nominate a committee, to enter into a contract, to retain legal counsel, to marry or enter into a spousal relationship, or to separate from a spouse."

For many of the issues, the paper examines the situation in other jurisdictions in Canada and in other countries such as Australia, New Zealand, the US and the UK.

The Institute is seeking responses to the Consultation Report by June 15, 2013 for consideration before making a final report.