The Vicca Law Podcast: Protecting Legacies. Resolving Conflicts.

Season 2 Ep. 39 Capacity issues with Elders


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20 November 2025

The Vicca Law Podcast

Season 2 Ep. 39 Capacity issues with Elders

In this week’s episode, the conversation turns to one of the most complex and frequently misunderstood topics in estate planning: capacity. As Australians live longer and accumulate more substantial estates, legal capacity has become a pivotal concern—particularly when drafting Wills, appointing Enduring Powers of Attorney, or managing the affairs of an older loved one. This episode explores how capacity is defined and assessed under Queensland law, and why it is essential to address these issues early and thoughtfully. The discussion covers warning signs of diminished capacity, the legal tests applied in various contexts, and the practical implications for individuals, families, and legal representatives. Whether you're planning for yourself or supporting an elderly relative, this episode offers critical insights into how to navigate capacity concerns with clarity and care.

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The Vicca Law Podcast: Protecting Legacies. Resolving Conflicts.By Vicca Law