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You may copy, distribute, display, download and otherwise freely deal with this work for any purpose, provided that you attribute the owner. However, you must obtain permission if you wish to (a) charge others for access to the work (other than at cost),(b) include the work in advertising or a product for sale, or (c) modify the work.  \nDisclaimer: This document has been prepared by the NSW Department of Communities and Justice for general information purposes and while every care has been taken in relation to its accuracy, no warranty is given or implied. Further, recipients should obtain their own independent advice before making any decisions that rely on this information. ISBN: 978-1-922257-81-9  \nReprinted April 2020  \nThis reprint only contains minor changes related to names of organisations and contact details. It is not a replacement publication for the 2008 and 2009 versions of the Capacity Toolkit.  \nThe 2008 and 2009 versions are still current as of the date of this reprint. However a list of updated organisation contacts can be downloaded as a flyer from our website.  \nCapacity Toolkit  \nInformation for government and community workers, professionals, families and carers in New South Wales.  \nHow to use the Toolkit – see page 13  \n| \u003Cbr>Contents |  |\n| --- | --- |\n| Foreword\u003Cbr>\u003Cbr>Section 1 | 6\u003Cbr>9 |\n| Capacity at a glance | 10 |\n| Who is the Toolkit for? | 11 |\n| How do I use the Toolkit? | 13 |\n| \u003Cbr>Section 2 | 17 |\n| What is capacity? | 18 |\n| \u003Cbr>Section 3 | 25 |\n| Capacity assessment principles | 27 |\n| When should capacity be assessed? | 50 |\n| Who might assess capacity? | 54 |\n| \u003Cbr>Section 4 | 59 |\n\nTips on assessing capacity – what do I need  \nto know before I start? 61  \n4  Capacity Toolkit  \n Section 5  71  \n\n| Assessing capacity in each area of life\u003Cbr>\u003Cbr>5.1 Personal life: | 72\u003Cbr>74 |\n| --- | --- |\n| • making and using an enduring guardianship | 75 |\n| • personal decisions including accommodation |  |\n| and support services | 84 |\n| \u003Cbr>5.2 Health: | 93 |\n| • making and using an advance care directive | 94 |\n| • medical and dental treatment | 102 |\n| • other health decisions including non-intrusive |  |\n| examinations, over-the-counter medication and |  |\n| alternative therapies | 107 |\n| \u003Cbr>5.3 Money and property: | 110 |\n| • entering into a contract | 111 |\n| • financial decisions (money and property) | 117 |\n| • making a power of attorney and making and using an enduring power of attorney | 128 |\n| • making a will\u003Cbr>\u003Cbr>Section 6 | 137\u003Cbr>145 |\n| Supported decision-making | 147 |\n| How can I support a person to make their own decision? | 149 |\n| Resolving disagreements\u003Cbr>\u003Cbr>Section 7 | 156\u003Cbr>165 |\n\nOther resources 166  \nReferences 169  \nIndex 171  \nCapacity Toolkit  5  \nForeword  \nThe NSW Department of Communities and Justice (DCJ) is committed to promoting and protecting the rights and dignity of all people in the state. As part of our role, the DCJ has produced this Capacity Toolkit. It aims to assist people incorrectly identifying whether an individual has the capacity to make their own decisions. This is important, since an incorrect assessment can result in the denial of a fundamental human right; the right to autonomous decision-making or ‘selfdetermination’.  \nThe Capacity Toolkit is the result of feedback received from hundreds of people, many of whom have been involved with someone whose decision-making ability has been in question. Feedback was gathered in a two-stage consultation process that included family members, carers, advocates, lawyers, doctors, other community and health care workers, workers in the finance field, and government employees.  \nThe first stage wa","cbCaivL7sth1clZf","https://ap.wps.com/l/cbCaivL7sth1clZf","pdf",1820166,176,"English","# Foreword\n## Capacity at a glance\n## Who is the Toolkit for?\n## How do I use the Toolkit?\n# Section 1: Capacity at a glance\n# Section 2: What is capacity?\n# Section 3: Capacity assessment principles\n## When should capacity be assessed?\n## Who might assess capacity?\n# Section 4: Tips on assessing capacity\n# Section 5: Assessing capacity in each area of life\n# Section 6: Supported decision-making\n## How can I support a person to make their own decision?\n# Section 7: Resolving disagreements\n# Other resources\n# References\n# Index","[{\"question\":\"What does “capacity” mean in this Toolkit?\",\"answer\":\"In this Toolkit, “capacity” is a legal word referring to an adult’s ability to make a decision for themself.\"},{\"question\":\"When must capacity be presumed for an adult?\",\"answer\":\"Under the law, you must presume that every adult has capacity.\"},{\"question\":\"What abilities indicate a person has capacity to make a specific decision?\",\"answer\":\"A person can understand the facts and choices involved, weigh up the consequences, and communicate the decision.\"}]","Capacity Toolkit - capacity assessment guidance | PDF",1789534704,62]