Decision-making capacity assessments
A capacity assessment checks whether a person can make a particular decision, such as signing an enduring power of attorney or making a will. We assess carefully and respectfully, and write a clear report for families, lawyers and tribunals.
What is decision-making capacity?
The short version:
- Capacity means being able to make a particular decision at a particular time.
- The law starts from the view that every adult has capacity.
- A person may be able to make some decisions but not others.
- A diagnosis, such as dementia, does not on its own mean a person has lost capacity.
- Making a choice other people disagree with does not mean a person lacks capacity.
To make a decision, a person usually needs to understand the information, remember it long enough, weigh up the choices, and tell others what they have decided. Our assessment looks at each of these for the decision in question.
This is general information, not legal advice. Talk to a lawyer about legal documents.
Decisions we assess
We assess capacity for one decision or several. Tell us exactly which decision is being made, so the report answers the right question.
Enduring power of attorney
Choosing someone you trust to make money or personal decisions for you, if you cannot one day.
Making or changing a will
Testamentary capacity: whether a person can make a valid will at that time.
Money and property
Managing bank accounts and bills, selling a house, or giving large gifts.
Medical decisions
Consenting to treatment, or appointing a medical treatment decision maker.
Where to live and personal matters
Choices about accommodation, care and support services.
Tribunal and court matters
Reports for VCAT, NCAT and other tribunals and courts about guardianship and administration.
Unsure if this is for you? Fill out the form or speak to our friendly team.
Good to know before you book
Timing matters
An assessment done close to when a document is signed is usually most useful if it is questioned later.
Referral
You do not need a GP referral. The person, their family, a lawyer or a doctor can contact us.
Cost
The standard fee is $3,600 including GST. The fee may be higher for complex questions. Medicare does not cover these reports. We give a written quote before you book.
If cost is a barrier, please talk to us. We have these conversations all the time, and it’s OK to ask. We can go through funding and payment options with you, including payment plans. Contact us or call 03 9478 1810.
Your report
Reports are usually ready 2 to 3 weeks after your appointment. Dr Judy Tang OAM reviews our neuropsychology reports.
Please bring glasses, hearing aids and a list of medicines. Tell us if you need an interpreter or other support, so we can plan for it. See our fees.
What happens, step by step
1. We confirm the question
We check which decision is being made and who needs the report.
2. Talking together
We talk with the person about the decision. With their consent, we may also speak with family or their lawyer.
3. Thinking tests
Short tasks on memory, reasoning and understanding. We choose a calm time of day and allow breaks.
4. Your report
A clear answer about the specific decision, with our reasons and any supports that could help.
Helpful guides
Plain-English articles from our team.
You’re in good hands
Not sure where to start?
Schedule a 15-minute phone call
Not sure what kind of help you need? Book a 15-minute phone call with our clinical neuropsychologist. We’ll listen to what’s been happening and help you work out your next step, whether that’s an assessment with us, another kind of support, or seeing someone else first, such as your GP or a neurologist.
This call isn’t an assessment, and it doesn’t give a diagnosis or treatment advice.
Capacity questions
Short, clear answers to common questions.
What is an enduring power of attorney?
It is a legal document. It lets you choose someone you trust to make financial or personal decisions for you if you cannot make them yourself. You need capacity to make one. Read about EPOAs in Victoria.
When should we get a capacity assessment?
It helps when there is doubt about a person’s thinking, a diagnosis such as dementia, family disagreement, or a large decision like a will or selling a home. Getting it done close to the time of the decision is best.
Does dementia mean a person cannot sign documents?
No. Many people with dementia can still make some decisions, especially early on. Capacity depends on the decision and the person’s abilities at that time. Read our guide to planning ahead.
Can you assess capacity before someone makes or changes their will?
Yes. We assess testamentary capacity, which is whether a person can make a valid will at that time. It is best to have the assessment close to when the will is signed, because that is most useful if the will is questioned later. You do not need a GP referral. The person, their family, a lawyer or a doctor can contact us. Read our guide to testamentary capacity and wills.
Can the report be used at VCAT or NCAT?
Yes. For example, VCAT asks for a full medical report from the last three months, and neuropsychologists are among the practitioners it lists. We write reports that link a person’s abilities to the specific decisions.
What if the person is nervous or unwell on the day?
Stress, illness, pain, medicines and tiredness can all affect thinking. We choose a quiet room and a good time of day, allow breaks, and can reschedule if the person is unwell.
Who gets the report?
The person assessed, and anyone they agree to share it with, such as their lawyer or doctor. Courts and tribunals receive reports through their own processes.
Not sure what you need?
Tell us about the decision and we will explain the next steps.