Wills and Estate Planning in Adelaide and SA: Powers of AttorneyAny adult person of sound mind can create a variety of legal documents setting out their wishes and directions in advance of certain conditions being met. These documents are called advance directives.
For an advance directive to be legally valid, the person making it must be mentally competent to understand the nature and intention of the document. He or she must also understand the consequences of completing and signing the document, and must do so without any coercion, pressure or influence by others.
Mental Incapacity is defined in the Guardianship and Administration Act 1993 SA as:-
the inability of a person to look after his or her own health, safety or welfare or to manage his or her own affairs, as a result of:-
any damage to, or illness, disorder, imperfect or delayed development, impairment or deterioration, of the brain or mind; or
any physical illness or condition that renders the person unable to communicate his or her intentions or wishes in any manner whatsoever.
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