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Mental Health and the Law

Capacity toolkit

Capacity Toolkit (2020)The Capacity Toolkit is a guide to assessing a person's capacity to make legal, medical, financial and personal decisions.

Download the Capacity Toolkit.

You can also find the Capacity Toolkit Factsheet and access an online course on Decision-making and capacity.

 

 

FAQs on capacity

NSW Health has written FAQs on Capacity and the Law to provide mental health services and aged care providers with information to help people with mental illness make decisions about moving into a new home, particularly people who have had a long hospital stay. 

Their frequently asked questions address some common scenarios and will help clinicians partner with consumers in the decision-making process.

Capacity and the law

The Australian book 'Capacity and the Law' (2021 edition) concentrates on how the law responds to adults who do not have decision-making capacity.

Part 1 of this book covers Capacity and its attributes in action, including Ch. 1 What is capacity? and Ch. 2 Decision-making and relationships. Part 2 covers Substitute decision-makers appointed by tribunals and courts, including Ch. 6 Guardianship and Ch. 8 Administration/financial management