Cognitive Assessment and Decision Making Capacity
Rob is experienced in assisting with decision making capacity assessments. Our legal system assumes adults have the capacity to make decisions for themselves. There are circumstances in which we may lose the capacity to make decisions for ourselves. This can occur, for example, when a person experiences a brain injury, related to trauma (e.g., car accident), neurological event (e.g., stroke) or illness (e.g., dementia). Determining an individual’s capacity to make decisions is a process that is usually managed by the clinical team caring for them through their brain injury. If decision making capacity is unclear they may request a cognitive assessment and it is the responsibility of the Victorian Civil and Administrative Tribunal (VCAT) and the Office of the Public Advocate to appoint a guardian or administrator, when, sometimes, even with support, a person is not able to make decisions about a financial or personal matter. This appointment of a guardian/administrator is specific to decision making domains. For example, a person may not have the capacity to make decisions regarding their finances, however, they have the capacity to make decisions regarding their lifestyle (e.g., accommodation).
Decision making capacity assessments are conducted for the following:
- Financial decisions
- Lifestyle decisions, such as accommodation, healthcare choices
- Testamentary capacity
- Appointing an enduring power of attorney
To find out more about this process, visit the Office of the Public Advocate for more information.