---
title: "Prepare the capacity-assessment referral to the treating doctor or specialist"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/prepare-the-capacity-assessment-referral-to-the-treating-doctor-or-speci"
type: "task"
site: "AI Law Framework"
id: "A18-X20260927-2"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Prepare the capacity-assessment referral to the treating doctor or specialist

> 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.

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/prepare-the-capacity-assessment-referral-to-the-treating-doctor-or-speci  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Elder Law & Powers of Attorney / Guardianship](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Confirm the instructions, the jurisdiction and the complete relevant material before starting.
2. 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.
3. Check the output against the source documents named in it before it is relied on.

## Notes

- 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.

## Sources

- [https://www.lawsociety.com.au/sites/default/files/2018-03/Clients%20mental%20capacity.pdf](https://www.lawsociety.com.au/sites/default/files/2018-03/Clients%20mental%20capacity.pdf) (checked 2026-09-27)
- [https://dcj.nsw.gov.au/documents/resource-centre/capacity-toolkit/capacity-toolkit.pdf](https://dcj.nsw.gov.au/documents/resource-centre/capacity-toolkit/capacity-toolkit.pdf) (checked 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](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) (checked 2026-09-27)
- [https://www.liv.asn.au/capacityguidelines](https://www.liv.asn.au/capacityguidelines) (checked 2026-09-27)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/prepare-the-capacity-assessment-referral-to-the-treating-doctor-or-speci/united-states.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*