99894 Capacity Toolkit Tasmania - dhhs.tas.gov.au

1 Capacity Toolkit What is Capacity '? How do I decide whether a person has the Capacity to make their own decisions? Information Information for for government government and and community community workers, workers, professionals, professionals, families families and and carers carers in in Tasmania . New South Wales. Aged Care and Rehabilitation Clinical Network Depar tment of Health and Human Ser vices This document is based in large part on the New South Wales Capacity Toolkit . The Department of Health and Human Services Tasmania acknowledges the initial work of the NSW Department of Justice and Attorney General in producing the original resource. State of New South Wales through the Attorney General's Department Department of NSW. of Justice and Attorney You may 2008. copy, You maydistribute, display, download copy, distribute, and otherwise display, download and freely dealfreely otherwise with this dealwork withfor thisany purpose, work for any purpose, provided that you attribute the Attorney General's Department of Justice Department and AttorneyofGeneral NSW as asthe theowner.

2 , However,youyou 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. Disclaimer: This document has been prepared modified by thethe by Department of Health and Attorney General's Human Services, Department of NSW for Tasmania general (December information 2009) forWhile purposes. general everyinformation care has purposes. been takenWhile everytocare in relation has been no its accuracy, taken in warranty relation is given to or its accuracy, implied. no warranty Further, is should recipients given orobtain implied. their ownFurther, recipients independent adviceshould obtain before making theirany own independent decisions thatadvice rely onbefore making any decisions this information. that rely on this information. ISBN: 978-1-921301-56-8. Reprinted June 200 . Capacity Toolkit Information for government and community workers, professionals, families and carers in Tasmania .

3 New South Wales. How to use the Toolkit - see page 13. Contents Foreword 6. Section 1 9. Capacity at a glance 10. Who is the Toolkit for? 11. How do I use the Toolkit ? 13. Section 2 17. What is Capacity ? 18. Section 3 25. Capacity assessment principles 27. When should Capacity be assessed? 50. Who might assess Capacity ? 54. Section 4 59. Tips on assessing Capacity what do I need to know before I start? 61. 4 Capacity Toolkit Section 5 71. Assessing Capacity in each area of life 72. Personal life: 74. making and using an enduring guardianship 75. personal decisions including accommodation and support services 84. Health: 93. making and using future an decisions health advance care directive 94. advance medical andcaredental directive treatment 94. 102. medical and dental treatment other health decisions including non-intrusive 102. examinations, other over-the-counter health decisions includingmedication and non-intrusive alternative therapies examinations, over-the-counter medication and 107.

4 Alternative therapies 107. Money and property: 110. Money into entering and aproperty: contract 110. 111. entering nancialinto a contract decisions (money and property) 111. 117. nancial making a decisions power of (money attorneyand andproperty). making and 117. using makinganaenduring power of power attorney of and making and attorney 128. using makinganaenduring will power of attorney 128. 137. making a will 137. Section 6 145. Section Assisted 6decision-making 145. 147. Assisted How can decision-making I support a person to make their 147. How can I support a person to make their own decision? 149. own decision? Resolving disagreements 149. 156. Resolving disagreements 156. Section 7 165. Section 7. Other resources 165. 166. Other resources 166. References 173. References 173. 171. Index 175. Capacity Toolkit 5. Foreword As TheClinical Attorney Leader of theDepartment General's Aged Care and Rehabilitation Clinical (AGD) of New South Wales (NSW) Network I am excited to have been to is committed involved promoting in theandproduction of this excellent protecting theresource rights and fordignity the Tasmanian of community.

5 All people inAs theastate. Specialist As partin health of of older people, our role,issues the AGD of Capacity has producedand Capacity assessment this Capacity Toolkit . It aims toin my clinical appear regularly practice, and this assist people resource in correctly and the associated factsheets will identifying be invaluable whether in promoting an individual has theunderstanding Capacity to make and improving their own quality of outcomes decisions. Thisforispeople whose important, decision since makingassessment an incorrect Capacity is compromised. can result in the Asdenial well as of older people, there a fundamental human areright;. manythe others right in to autonomous decision-making or self-determination'. who our community with physical and intellectual disabilities will benefit from the knowledge in this Toolkit . The Capacity Toolkit is the result of feedback received from hundreds The of people, Tasmanian manyToolkit Capacity of whom is ahave been involved one-stop-shop with resource someone for whoseand government decision-making community workers, ability has been in question.

6 Professionals, families Feedback and Toolkit aimsin ato: two-stage consultation process that included family members, carers, advocates, lawyers, provide doctors, otherinformation communityabout the deficare and health nition of Capacity ;. workers, workers in provide primary principles the finance field, and government which the concept of Capacity is assessed;. The fioutline rst stage when wasa the Capacity Capacity Roundtable, assessment mayhosted in Sydney be needed;. in 2004 by the present AGD. Participation guidelines for assessment was extensive, of capacityleading to a to assist livelyinand informative discussion about conducting timely assessments and to maintainhow to define Capacity , assess Capacity and consistency how in the wayto access general that Capacity is advice assessedon Capacity . across differentstage The second decision wastypes;. an AGD discussion paper entitled Are the rights of people about provide information whosefacilitating Capacity isassisted decision in question being making;promoted adequately and and protected?

7 '.1 It was issued in 2006. for public give information comment. Among on whatotherto dothings, if there is discussion the a dispute about paper Capacity . 1. Go to the AGD website , or phone (02) 8688 7507 or email for a copy. 6 Capacity Toolkit looked The at the different development meaningsCapacity of Tasmanian of Capacity in NSW. Toolkit andofwhat is one information the people first projects by who assess the Aged Carecapacity might need. Clinical and Rehabilitation Network which is a new model of Like those at the Roundtable, people who respondedcooperation that encourages to the members discussiontopaper work requested together across the boundaries more information about of Capacity , the sectors, asking for tothe deliver best practise development through of some morecapacity general integrated consistent services to people in Tasmania . principles, and guidelines on how to decide whether The toolkitsomeone is a great example of the Network in operation to encourage best has Capacity .

8 Practice in service provision in order to improve outcomes for This Capacity people Toolkit was created in response to that request. in Tasmania . It provides information and guidance to government employees, community The Tasmanian workers, Capacityprofessionals, families from Toolkit is adapted and carers the in issues relating original document to Capacity preparedand by Capacity the NSWassessment. Attorney General's In doing so, it upholdsI the Department. andfreedom the Workingof eachGroup individual would to likemake their own to thank decisions, Director while protecting General Laurie Glanfi theeld interests and dignity for permission of those to adapt the who lack Toolkit to the suit Capacity the Tasmanianto do so. context, and its author, Jenna Macnab, I would like from the Diversity Services to acknowledge Unit, NSW. the Department's for her support Capacity and Reference Group, Communications Unit and Diversityis the help throughout 2 this project.

9 The Capacity Toolkit result Services of feedback received Unit for their from hundreds dedication of people, to this project. I would many of alsowhom like tohad been thank the involved with someone many individuals and whose decision organisations making ability had been in question, and that participated in the Roundtable, provided feedback on is a comprehensive document the discussion that paper, promotes andand protects assisted withthe therights of all people. preparation of This is a vital tool for all Tasmanians this Toolkit . Your time and effort has been invaluable whenever we arein the vulnerable development andofneed to make decisions this comprehensive andabout importantour lives. document. Please use it. More specifically, my thanks to Julia Haraksin for her commitment Yours sincerely and hard work since the inception of the Capacity project, and Jenna Macnab, the author of this valuable resource. Yours faithfully David Dunbabin Specialist in the Health of Older People (Gerontologist).

10 Laurie Glanfi Clinical eldAged Care and Rehabilitation Clinical Network Leader Director General 2. Listed at page 8. Capacity Toolkit 7. Capacity Toolkit Capacity Reference Working Group Group David Dunbabin - Gerontologist Clinical Leader ACR. Clinical Network Lisa Warner John Arms -NSW. PublicLocal Guardian Office of the Public Courts Guardian Edwina Cowdery Christine Priest -Legislation and Policyand Case Manager Assessment Division AGD. Management Services South Imelda MichelleDodds Nicholson -Offi ce ofSocial Senior the Protective Worker Community Health North Commissioner Keith MacArthur - General Practitioner Deborah Frith* Brain Injury Association Hilary Brown - Aged Care Advocate Advocacy Robin Gurr Guardianship Tasmania Inc. Tribunal Barbara Julia Moerd Haraksin -Diversity SpecialistServices Social Worker Aged Care Unit AGD. Services Team John Le Breton Malcolm Tyler -Victim's Services Health Social Hobart Community Jenna Macnab Worker Services Unit AGD.