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Capacity

Capacity toolkit

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

Section 1 : Capacity at a glance ; Who is the Toolkit for? ; How do I use the Toolkit

Section 2 : What is capacity?

Section 3 : Capacity assessment principles ; When should capacity be assessed? ; Who might assess capacity?

Section 4 : Tips on assessing capacity - what do I need to know before I start?

Section 5 : Assessing capacity in each area of life ; Personal Life ; Health ; Money and Property

Section 6 : Assisted decision-making ; How can I support a person to make their own decision? ; Resolving disagreements

Section 7 : Other Resources ; References

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' offers a window into the rapid growth of knowledge regarding decision making capacity and the parallel developments of law. 

Capacity and its attributes in action
Chapter 1 : What is capacity?
Chapter 2 : Decision-making and relationships
Chapter 3 : Incapacity and contracts and gifts during lifetime
Chapter 4 : Capacity and wills

Substitute decision-making for the medical treatment of incapable people, including treatment and care at the end of their lives
Chapter 11 : The development of the law relating to the medical treatment of incapable people
Chapter 12 : Substitute consent to medical and dental treatment
Chapter 13 : Advance Directives
Chapter 14 : The proper practice and law relating to decision-making about treatment and care at the end of life
Chapter 15 : Sterilisation
Chapter 16 : Capacity to consent to research

Other related matters
Chapter 17 : Capacity and the right to refuse psychiatric treatment
Chapter 18 : Professional Capacity

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