Monday, November 3, 2008

Assessing whether someone has capacity

Correctly identifying whether someone is capable of making their own decisions is fundamental to the protection of their human rights.
Anyone who needs to assess decision-making capacity must consider the particular elements of the legal test specific to the decision.
For instance, in assessing whether someone has the capacity to make their own financial decisions, you will need to consider two questions.
First, is the person capable of managing their own property and affairs?
They don’t have to be able to manage them in the best possible way, they just have to be able to manage them. Issues to consider include:
A. whether the person is able to deal in a fairly capable way with the ordinary regular dealings in life so as to provide for their own welfare and anyone dependent on them,
B. whether they understand their assets and outgoing expenses, and,
C. whether they can manage their money to provide food, clothing, medicine and other necessities.
Second, if they can’t manage their affairs, is there a risk that they may be disadvantaged or harmed, or their money or property wasted or lost?
In addressing capacity it is important to avoid discrimination. Don’t assume a person lacks capacity based on age, appearance, disability, behaviour or any other condition or characteristic.
Before concluding lack of capacity, ensure that everything possible has been done to support the person to make a decision.
See the full article in the PDF file
../2008/news2008_3.pdf
and the Capacity Toolkit:
diversityservices.lawlink.nsw.gov.au/divserv/ds_capacity_tool.html

Thursday, September 11, 2008

NSW - Second Hand Equipment

To help your family member to remain living at home you may need to get some specialised equipment.
The Independent Living Centre has a 2nd Hand Equipment Register. The NSW Second Hand Equipment For Sale register contains a list of equipment offered for sale by the public. It may include personal care items, wheelchairs, scooters, chairs, walking aids, ramps, hoists and transport equipment.
It is updated regularly and each listing will stay on the register for about three months.
ilcnsw.asn.au/dmdocuments/2hEquip.pdf
Note that the date the file was updated is on the top of the page.
See also:
Caring for an older family member
luchetti.com.au/2008/olderfamily.htm

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