Capacity Assessments

Assessments of decision-making capacity for courts and tribunals, including elder care, guardianship, and financial management matters.

Questions about a person’s capacity to make their own decisions arise in many settings — guardianship applications, financial management orders, elder care arrangements, and disputes about wills or enduring powers of attorney. These are sensitive matters that call for a careful, respectful, and rigorous assessment.

I conduct capacity assessments for matters before courts and tribunals, including the NSW Civil and Administrative Tribunal (NCAT). Each assessment considers the specific decision in question — capacity is decision-specific, not all-or-nothing — and evaluates the person’s ability to understand, retain, weigh, and communicate the information relevant to that decision.

Assessments are conducted with dignity and patience, in the setting that best supports the person being assessed. Reports set out the assessment process, the evidence observed, and a clear, reasoned opinion that courts and tribunals can rely upon.

Who this report is for

• Solicitors acting in guardianship or financial management matters
• Families navigating elder care and decision-making concerns
• Tribunals and courts requiring an independent capacity opinion
• Trustee and guardian services

What the report covers

• Decision-specific capacity (financial, lifestyle, medical, testamentary)
• Understanding, retention, weighing, and communication of relevant information
• The influence of mental health, cognitive change, or coercion where relevant
• Supports that could enable the person to make their own decisions

The assessment process

• Initial enquiry to clarify the decision in question and the referring context
• Written quote, engagement letter, and agreed timeframes
• Assessment session(s) in a setting suited to the person being assessed
• Written report with a clear, reasoned capacity opinion