Australian Capacity Resources
Below is a list of helpful research sources Australian and international in the field of capacity assessments and the impact of health conditions.Capacity Guidance – Australia
- Queensland – [NB. Qld Government is currently preparing capacity assessment guidelines, due for publication in 2020]
- Queensland Law Handbook (Acknowledgement: Allens and QAI) Law handbook for practitioners on legal capacity specifically aimed at legal practitioners. Queensland Handbook for Practitioners on Legal Capacity
- Queensland Office of Chief Psychiatrist – treatment criteria and assessment of capacity https://www.health.qld.gov.au/clinical-practice/guidelines-procedures/clinical-staff/mental-health/act/topics/treatment-care
- NSW Attorney General – Capacity Toolkit (Very comprehensive resource).
- Queensland Public Guardian – Understanding Capacity Factsheet
- Queensland – Advance Care Planning Advance Care Planning and the law: Queensland
- NSW Law Society – practical guide for solicitors – When A Client’s Mental Capacity is in doubt
- Victoria Dept Health – Guardianship and Least Restrictive Practice in Victoria
- The website recommends a route of least restrictive practice before seeking an order in addition details the application process. The site also carefully defines least restrictive practice and details the different types of substitute decision making. Importantly Victoria stresses trialling less restrictive alternatives before making guardianship applications.
- Victoria Office of the Public Advocate – Assessing Whether a Person has Decision-Making Capacity
- Victoria Law Institute Capacity Guidelines and Toolkit – Taking Instructions when a Client’s Capacity is in doubt
- Victoria Office of the Public Advocate – Guardianship and Administration information and links
- Victoria Legal Aid – Guardianship and Administration Orders
- WA Law Society – When a client’s Capacity is in doubt, A Practical Guide for Solicitors Although a guide for solicitors, the lay out is extremely user friendly and outlines things such as red flags for signs of lack of capacity, key principles for instance don’t make assumptions, how to communicate with the clients i.e. use open ended questions and which professional assessor is appropriate for referral.
- South Australia Legal Services Commission – Law Handbook
- South Australia Govt – Advance Care Directives
- South Australia Office of Public Advocate – Mental Capacity
- Tasmania Dept Health & Human Services – Capacity Toolkit Tasmania
International Capacity Guidelines and Resources
United Kingdom
- National Institute for Health and Care Excellence (NICE) – Decision Making & Mental Capacity
- Bar council – Client Incapacity
- MDA National – Assessment Of Capacity
- Office of Public Guardian Resource Links
- Alzheimer Europe – Decision Making and Legal Capacity in Dementia – Scotland
- General Medical Council – Consent – Capacity Issues
- NHS – Capacity Assessment Tool – Guidance
- Care Quality Commission – Mental Capacity Act Guidance
- Medical Defence Union – Assessing Capacity
Canada
- Churchill Fellowship Research Paper – Mental Capacity Assessment in Canada
- Ontario Ministry of Attorney General – advice on performing an assessment and more importantly contesting one. Source: Capacity Assessment
- Ontario Law Commission – Ontario’s Legal Capacity and Decision Making Laws
- Ontario Hospital Association – Practical guide to Mental Health Law in Ontario
- Alberta Govt – A Guide for Capacity Assessors
USA
- American Bar Association – Judicial Determination of Capacity of Older Adults in Guardianship Proceedings
- American Bar Association – Commission on Law and Aging
- American Bar Association – Practical Guide – A Guardianship Practice Tool
