Decision-making capacity assessments
For legal, court and medico-legal matters
✔ Wills & Estates
✔ Elder law & guardianship
✔ Court & tribunal proceedings
At Invictus Health, our experienced clinical and neuropsychologists provide comprehensive decision-making capacity assessments to support individuals, families, and professionals across Australia.
Our team approaches every assessment with compassion, objectivity, and respect for each person’s rights and dignity.
What is a decision-making capacity assessment?
A capacity assessment evaluates an individual’s ability to make specific decisions at a given time.
These assessments help clarify whether a person can understand, retain, and make informed decisions about important aspects of their life, from health care to financial management.
Capacity is not all-or-nothing; it can vary with the type of decision and may change over time.
Our psychologists conduct assessments that are evidence-based, culturally sensitive, and aligned with legal and ethical standards.
Is this assessment appropriate?
Assessing capacity for wills or Power of Attorney
Guardianship or administration matters
Court related capacity disputes
Concerns about decision-making specific capacity
Unsure if this is for you? Call us.
Assessment information
What's Involved
Generally, decision making and mental capacity assessments involve a series of questions and cognitive tests that evaluate how well a person can make a reasonable and informed decision.
The main areas that mental capacity assessments review include the individual’s ability to:
- Understand relevant information provided
- Retain information and problem-solve
- Be able to coherently and logically communicate their decisions with reasoning
What will be assessed?
Generally, decision making and mental capacity assessments involve a series of questions and cognitive tests that evaluate how well a person can make a reasonable and informed decision.
The main areas that mental capacity assessments review include the individual’s ability to:
- Understand relevant information provided
- Retain information and problem-solve
- Be able to coherently and logically communicate their decisions with reasoning
Court & legal
Invictus Health provides objective, independent assessments suitable for tribunals, legal professionals, and guardians.
Reports are written in plain language and can support matters involving wills, signing documents, legal proceedings, powers of attorney and financial agreements.
If you’re involved in court proceedings or bodies such as the Victorian Civil and Administrative Tribunal (VCAT) that require an investigation into demonstrating decision making capacity in a criminal or civil law context, our expert team of medico legal psychologists are here to help.
At Invictus Health, our decision making capacity assessments can help assess an individual’s capacity to:
- Make financial, medical, lifestyle or personal decisions
- Appoint an enduring Power of Attorney
- Appoint a Medical Treatment Decision Maker
- Be involved in court matters and legal proceedings (without a ‘legal guardian’)
- Make or change a will (demonstrate ‘Testamentary Capacity’)
Our assessments can be used for any other situation where a demonstration of decision making capacity is required. We ensure that your tailored capacity assessments and medico legal reports meet relevant guidelines and regulations in the legal sector.
Availabilities
Invictus Health offers flexible scheduling across Australia, with both in-person and tele-health options available.
Contact the assessment team directly to discuss your needs and book an appointment.
We can come to you
Invictus Health provides neuropsychological assessments across Melbourne and Australia, with locations in Victoria, New South Wales, Queensland, South Australia, Western Australia, the Northern Territory and Tasmania.
The Invictus Difference
- Consistent, Standardised Testing – The formal neuropsychological assessment you’ll undergo with Invictus Health is fully standardised, so it is administered in a consistent manner for all patients and scored using a consistent approach each, and every time.
- Secure data collection & storage
You can rest assured that the data that is collected on you is done so in a responsible and ethical manner, and that such data is only kept on file in situations where it is absolutely necessary.
- Regular professional development
Our team undergoes continuous learning and mentoring, ensuring best practice across all modalities and areas of neuropsychology, with ongoing professional development undertaken and strict adherence to APS Guidelines maintained.
Additional considerations for court
Ensuring a deeper level analysis is key in dealing with state tribunals and other legal proceedings. When it comes to a particular event, we’ll factor in a number of environmental circumstances, strengthening your case as much as possible.
Additional areas we consider with our decision making capacity assessments to strengthen your legal case include:
- Time of day
- Location
- Noise levels
- Other parties present
- Levels of stress or anxiety
- Medication
- Infection
- Presence of drugs or alcohol
For more information on our capacity assessments, get in touch with the expert team of medico legal psychologists at Invictus Health today – we offer our tailored decision making capacity assessments in Melbourne, Tasmania and all across Australia.
You’re in good hands
Assessment fees
Assessment options
Decision making capacity
NDIS applications
$3,500
$3,300
Online/face-to-face
Face-to-face
Online by request
Face-to-face
Online by request
Assessment length
3 – 4 hours
3 – 4 hours
Report turnaround
2 weeks
2 weeks
2 weeks
2 weeks
Understanding decision-making capacity assessments with our neuropsychologists
FAQs
What does a mental capacity assessment involve?
When should decision making capacity be assessed?
Some situations where a decision making capacity assessment may be needed include:
The individual continues to make ill-informed decisions that negatively impacts their quality of life
The individual experiences difficulty in remembering events (especially recent events or occurrences)
The individual feels confused very often, and experiences dramatic mood swings
The individual is diagnosed with an illness or condition that may impact their ability to making reasonable and informed decisions
Is the assessment confidential?
What if I disagree?
Do I need a referral?
What happens with the report?
What are decision making capacity assessments dependent upon?
Some of the factors that are considered include:
The specific referral questions
Any questions you or your doctor may have
Any specific health complaints
Any reported symptoms
Observations made by your Clinical Neuropsychologist