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How to deal with legal incapacity when confronted with disability and an increase in age related illnesses paper


This paper covers:

  • determining legal incapacity
  • planning for legal incapacity – substitute decision makers
  • dealing with legal incapacity in the absence of pre-appointed decision makers
  • dealing with legal incapacity in legal proceedings.

Author profiles

Gerard Basha
Gerard heads Bartier Perry’s Estate & Probate, Tax for Individuals and Business Succession Groups. He is an Accredited Specialist in Wills and Estates Law and a Notary Public and is recognised as one of Australia’s leading lawyers in his fields of expertise. Gerard also specialises in the Not-For-Profit Sector. Gerard has been recognised as a leading Wills & Estates Litigation Lawyer from 2015 to 2018 by Doyle’s Guide to the Australian Legal Profession. - Current at 22 August 2019
Raffael Maestri
Raffael was admitted to practice in 2016 and is an Associate in the Private Clients team at Bartier Perry. Within that team, Raffael primarily works in matters involving equity litigation, protected estates, contested estate litigation, including cases involving capacity, family provision and contested probate. Raffael also advises clients in relation to estate planning, such as succession planning, asset structuring, complex testamentary trust wills, power of attorney and enduring guardian appointments. - Current at 22 August 2019


This was presented at NSW 16th Annual Estate & Succession Planning Conference .

Get a 20% discount when you buy all the items from this event.

Individual sessions

Superannuation & estate planning

Author(s):  Graeme COLLEY

Materials from this session:

One rule to rule them all – Family governance agreements

Author(s):  Peter BOBBIN

Materials from this session:

Further details about this event:


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