Prepare the capacity-assessment referral to the treating doctor or specialist
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Assemble the referral from the lawyer's statement of the legal test and the decision in question, and draft the factual background, the document list and the questions for the assessor for the lawyer to revise.
- What the lawyer must review
- Set the legal test and the specific decision yourself, check that every question asks the clinician about that test rather than a diagnosis or a general impression, confirm the client's consent to disclose the file material, and check the background does not suggest the answer.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Assemble the referral from the lawyer's statement of the legal test and the decision in question, and draft the factual background, the document list and the questions for the assessor for the lawyer to revise. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the instructions, the jurisdiction and the complete relevant material before starting.
- Set the legal test and the specific decision yourself, check that every question asks the clinician about that test rather than a diagnosis or a general impression, confirm the client's consent to disclose the file material, and check the background does not suggest the answer.
- Check the output against the source documents named in it before it is relied on.
Sources
- https://www.lawsociety.com.au/sites/default/files/2018-03/Clients%20mental%20capacity.pdf · 2026-09-27
- https://dcj.nsw.gov.au/documents/resource-centre/capacity-toolkit/capacity-toolkit.pdf · 2026-09-27
- https://www.qls.com.au/practising-law-in-qld/ethics/australian-solicitors-conduct-rules/rules-resources/what-should-i-do-if-i-have-doubts-about-my-clients-capacity · 2026-09-27
- https://www.liv.asn.au/capacityguidelines · 2026-09-27
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.