Professional Conduct Flashcards
1
Q
What is the golden rule?
A
If capacity is in doubt, obtain client’s consent to approach doctor
2
Q
What happens if doctor confirms capacity?
A
Ideally, have doctor as witness
3
Q
What happens if doctor does not confirm capacity?
A
Do not proceed – only statutory will via Court of Protection is possible
4
Q
What happens if a client wants to gift you or your colleague something?
A
Decline to act unless client gets independent legal advice
5
Q
What should you consider when drafting a will?
A
Claims against the estate (Inheritance Act 1975)
6
Q
What are common law duties?
A
Prepare will with due and skill care, promptly – advise how to execute correctly
