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Capacity issues

Capacity issues can arise because of a number of issues, including cases where clients who have impaired capacity for reasons such as intellectual disability, psychiatric disability or lack decision-making capacity for reasons of their young age, such as children.

Capacity issues can affect a client's ability to enter contracts, to understand advice and information or to provide instructions and information.

When faced with a person with capacity issues, ask yourselves:

has the impaired capacity been assessed properly?
do you adequately understand the principles that apply to those with impaired capacity, e.g. those in the Guardianship and Administration Act 2000?
are there any relevant powers of attorney in place, including general powers of attorney, enduring powers of attorney, statutory health attorneys? If so, can the appropriate documentation be produced
is the power of attorney (if any) properly made?
is the Guardianship and Administration Tribunal involved?
is the Public Trustee of Queensland involved?
is the Adult Guardian involved?