Capacity Assessment Brisbane: Clinical Evidence for Legal Decision-Making
SPECIALIST NEUROPSYCHOLOGICAL EVALUATIONS TO DETERMINE DECISION-MAKING CAPACITY FOR LEGAL, FINANCIAL, AND PERSONAL MATTERS.
What is a Capacity Assessment?
Capacity is a legal-clinical construct that refers to an individual’s ability to make informed decisions. Under Queensland law, adults are presumed to have capacity unless proven otherwise. However, when a neurological condition, brain injury, or cognitive decline is present, a formal assessment may be required to determine if an individual can still understand, retain, and weigh the information necessary to make specific decisions.
At LDB Clinical Neuropsychology, we provide independent, objective, and comprehensive capacity assessments that adhere to the Queensland Capacity Assessment Guidelines.
Types of Capacity Evaluated
Capacity is "decision-specific," meaning an individual may have the capacity to make some decisions but not others. We provide evaluations for:
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Financial Management: The ability to manage bank accounts, property, and significant financial transactions.
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Personal and Health Matters: Decisions regarding where to live, what support services to engage, and consenting to medical treatment.
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Legal Documents: Assessing the capacity required to appoint or revoke an Enduring Power of Attorney (EPOA).
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Testamentary Capacity: Providing clinical evidence regarding an individual's ability to make or change a Will (often requested by solicitors to prevent future estate disputes).
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QCAT Applications: Providing the professional evidence required for the appointment of a Guardian or Administrator.
The Role of the Clinical Neuropsychologist
While a GP can provide a basic capacity statement, a Clinical Neuropsychologist is often required for complex cases. We provide a deep-dive into the "why" behind a person's choices. We distinguish between:
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Cognitive Impairment: Does the person have the mental "hardware" to process and communicate the decision?
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Undue Influence: Is the person making a choice freely, or are they vulnerable to the influence of others due to cognitive decline?
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Executive Dysfunction: Can the person plan and foresee the consequences of their decisions?
The Assessment Process
Capacity assessments are conducted with the highest level of clinical rigour and ethical consideration:
1.
Instruction Review
We work closely with solicitors or family members to understand the specific legal "test" or question that needs to be answered.
2.
Clinical Interview
A detailed discussion with the individual to assess their understanding of their circumstances and the specific decision at hand.
3.
4.
Neuropsychological Testing
Objective measurement of memory, reasoning, executive function and other areas of cognition to determine the presence and impact of any cognitive impairment.
Collateral Information
Reviewing medical records and speaking with family or carers to understand the person’s functional abilities in daily life.
5.
Comprehensive Legal-Clinical Report
A detailed report that clearly outlines the findings in a format suitable for legal proceedings or QCAT.
Frequently Asked Questions (FAQs)
Protecting Rights and Autonomy
A capacity assessment is a serious matter that involves balancing an individual’s right to autonomy with the need to protect them from harm. At LDB Clinical Neuropsychology, we approach every assessment with the goal of identifying what a person can do, rather than just what they cannot. Our reports provide the clarity needed to ensure that legal and personal decisions are made in the best interests of the individual.