Decision-making capacity assessment · Gold Coast & Queensland Decision-making capacity assessment, one decision at a time.

Decision-specific assessment of capacity to make a will or an enduring power of attorney, or a financial, health care or accommodation decision, under Queensland law. For families, solicitors, treating teams and tribunal applications.

Request an assessment Book a no-obligation 15-minute discovery call

Solicitor, GP, geriatrician or treating team? Refer or send instructions.

Southport, Gold Coast Assessment in person; format confirmed before booking Solicitor, GP and treating-team referrals welcome Fee quoted in writing before we begin

Who this is for: Adults whose capacity for a specific decision is in question, and the families, solicitors, doctors, treating teams and tribunal applicants who need an opinion.
What it can clarify: Whether the person can understand the nature and effect of the decision, make it freely and voluntarily, and communicate it.
What you receive: A written, decision-specific opinion with its reasons, and the Health Professional Report for QCAT (the Queensland Civil and Administrative Tribunal) where an application is planned.
Format: An interview about the decision, standardised cognitive testing and a review of the relevant documents; a morning or an afternoon, sometimes over two visits.
Next step: Request an assessment naming the decision in question, or ask the solicitor or treating clinician to refer.

Registered clinical neuropsychologists Queensland Capacity Assessment Guidelines AHPRA registered

Under Queensland law, an adult has capacity for a decision when they can understand its nature and effect, make it freely and voluntarily, and communicate it. Every adult is presumed to have capacity until the contrary is shown.

Capacity is specific to the decision and the time it is made. A diagnosis such as dementia does not by itself mean a person lacks capacity. We assess the decision in question against the legal test that applies, supported by cognitive testing. The report goes to the solicitor, doctor or tribunal who needs to rely on the opinion.

When it is requested

When a capacity assessment is requested

A solicitor has doubts about a client's capacity to make or change a will or an enduring power of attorney, or to give instructions
An application to QCAT for a guardian or administrator needs a Health Professional Report
A family member is making financial decisions that seem out of character or put their money or safety at risk
A treating team needs to know whether a person can consent to treatment or decide where they live, including a move to residential care

An NDIS functional capacity assessment is a different assessment. It describes how a disability affects daily living, for support planning; see our NDIS page. An independent expert opinion in litigation runs through our medico-legal pathway.

Decisions we assess

The decisions we assess, and the tests that apply

Testamentary capacity: making or changing a will

Queensland courts apply the Banks v Goodfellow test. The person must understand that they are making a will and what it does, and know in general terms what they own. They must also be aware of those who might reasonably expect to benefit, and be able to weigh those claims. An assessment close to the time the will is signed gives the solicitor evidence to meet a later challenge.

Enduring powers of attorney and advance health directives

The person must understand the nature and effect of the document and make it freely and voluntarily. Where the witnessing lawyer, justice of the peace or commissioner for declarations has doubts, an opinion may be sought from a professional with expertise in cognitive assessment.

Financial capacity: managing money and property

Whether a person can manage their money and property or make a particular financial decision, such as selling property, signing an aged care agreement or making a gift. Where QCAT finds that a person has impaired capacity for financial matters, it can appoint an administrator.

Health care, accommodation and lifestyle decisions

Whether a person can understand and weigh the information relevant to a treatment decision, or decide where and how they live, including a move to supported or residential care.

Capacity to give legal instructions

Whether a client can instruct a solicitor, settle a matter or conduct proceedings.

What is involved

How capacity is assessed

We follow Queensland's Capacity Assessment Guidelines, with the cognitive testing the guidelines do not replace.

The decision and consent. We confirm with the referrer which decision is in question, and that the person agrees to take part.
Preparation. We review the documents and medical history, arrange an interpreter or support person where needed, and schedule the assessment for the person's best time of day. Where delirium, infection, medication or depression may be clouding the picture, we advise waiting or treating first.
Interview and testing. An interview about the decision itself, its options and consequences, and standardised testing of the thinking skills the decision relies on: memory, comprehension, reasoning, judgement and attention.
Report. A decision-specific opinion with its reasons, the legal test applied and the evidence relied upon, plus QCAT's Health Professional Report where an application is planned. With consent, the report goes to the referring solicitor, doctor or party, and the findings are explained to the person.

Plan for a morning or an afternoon, sometimes over two visits. Bring glasses and hearing aids, a list of medications, and the relevant documents. Where capacity for a decision is found to be reduced, we help the person and their family understand what that means and plan the supports that follow; our memory, thinking and dementia care page describes that ongoing support.

Cost & funding

Fees and who pays

The fee depends on the decision, the documents to be reviewed and whether a tribunal report is needed. We quote in writing before we begin. There is no Medicare rebate for a capacity assessment. Most are funded by the person, their family, or the instructing solicitor or estate. GST applies to reports prepared for a solicitor, tribunal or other third party. See our fees and policies.

PrivateSolicitor-instructedAdministered fundsDVA

For referrers

For solicitors, GPs, geriatricians and treating teams

A contemporaneous assessment, obtained with the client's consent, gives a solicitor evidence to meet any later challenge. Please send:

The decision in question and the concerns that prompted the referral
Relevant medical history and medications, and any recent illness or hospital admission
Previous cognitive assessments or scans
The documents involved: draft will instructions, the existing will or enduring document, or QCAT correspondence
The deadline, and who is responsible for the fee

Refer through our referrer page, by fax or by email. We confirm the scope, timeframe and fee in writing before we begin.

Common questions

Frequently asked questions

Can someone with dementia still make or change a will?

Often, yes. A diagnosis of dementia does not by itself mean a person lacks testamentary capacity. What matters is whether the person meets the legal test for making a will, described above, at the time the will is made. An assessment arranged close to the signing gives the solicitor the strongest evidence.

Who can assess capacity in Queensland?

Under Queensland's Capacity Assessment Guidelines, anyone who needs to make a decision about an adult's capacity can assess it. An assessment is an opinion and can be challenged. Where the question is complex, disputed or high-stakes, an expert opinion from a clinician trained in cognitive assessment carries more weight. Only QCAT or the Supreme Court can make a formal declaration about capacity.

Does a QCAT application need a health professional report?

Yes. QCAT must be satisfied that the adult has impaired capacity for the particular decisions before it appoints a guardian or administrator. Its rules require information from a health provider, usually in the Tribunal's Health Professional Report. We complete that report as part of a capacity assessment where an application is planned.

How much does a capacity assessment cost?

It depends on the decision in question, the documents to be reviewed and whether a QCAT report is needed. We quote in writing before we begin. There is no Medicare rebate for a capacity assessment.

My parent will not agree to a capacity assessment. What can I do?

An assessment cannot proceed without the person's agreement. It often helps for a trusted GP or solicitor to explain that the assessment protects the person's own decisions from later challenge. If the person appears to be at serious risk and will not take part, an application to QCAT can still be made. The Tribunal then decides how the evidence is gathered.

Request a capacity assessment

Tell us which decision is in question and who is involved. Our team and a psychologist review every request, and we reply by email within two working days with the scope, timeframe and fee.

Solicitor or treating clinician? Refer or send instructions · Phone enquiries are welcome during business hours on 0452 452 262; if we are with a client, please leave a message and we will call you back.

Request an assessment Book a 15-minute discovery call

Sources: Guardianship and Administration Act 2000 (Qld) and Powers of Attorney Act 1998 (Qld); Queensland Government, Queensland Capacity Assessment Guidelines 2020; Queensland Civil and Administrative Tribunal, Health Professional Report; Queensland Law Society, What should I do if I have doubts about my client's capacity?; Frizzo v Frizzo [2011] QSC 107. This page is general information, not legal or medical advice.