I'm an Attorney

Understanding your attorney role

It very important to understand your attorney role properly. ADA Australia’s explainer video will help you (among other things), understand when your powers begin, how you are to make decisions, as well as your ethical and legal obligations. Both ADA Law and Compass.info has great webpages too. There is also a useful factsheet produced by the Queensland Government.

General Principles and Healthcare Principles

A person’s capacity to make a decision about a particular
matter may come into question when there are genuine concerns about whether the person can:

  • Understand the nature and effect of decisions about a matter
  • Freely and voluntarily make decisions about the matter, and
  • Communicate the decisions in some way

 

To learn more about capacity and capacity assessment, we highly recommend the Queensland Government’s extensive Capacity Assessment Guidelines. The Office of the Public Guardian has a useful factsheet with a far more brief overview of capacity.

Understanding Capacity and Capacity Assessment

A person’s capacity to make a decision about a particular
matter may come into question when there are genuine concerns about whether the person can:

  • Understand the nature and effect of decisions about a matter
  • Freely and voluntarily make decisions about the matter, and
  • Communicate the decisions in some way

 

To learn more about capacity and capacity assessment, we highly recommend the Queensland Government’s extensive Capacity Assessment Guidelines. The Office of the Public Guardian has a useful factsheet with a far more brief overview of capacity.

Capacity Assessment Guidelines

(Queensland Government)

Understanding Capacity (factsheet)

(Office of the Public Guardian)

Using supported decision-making

Supported decision-making is when one person gives another person the support they need to participate in a decision. An adult’s capacity to make a decision can depend on support given to them. You should attempt to include an adult in decisions that affect them before making a substitute decision. Page 12 of the Capacity Assessment Guidelines (QLD Government) outlines this and gives a case example of supported decision making in practice. ADACAS Advocacy has a great tip sheet for people supporting others with a decision.

Capacity Assessment Guidelines (p.12)

(Queensland Government)