Plan support so a client with a cognitive impairment can instruct
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- For the decision the lawyer names, draft a support plan: what the decision is, whether more time is needed, whether to use shorter steps or a communication aid, and whether the client wants a support person there. It does not decide capacity, and it does not name who may conduct the claim.
- What the lawyer must review
- The lawyer decides whether support is enough for this decision, now.
- The plan is not a capacity finding and does not appoint anyone.
- Check ASCR r 9, APP 11, and whether a breach is notifiable under the Privacy Act 1988 (Cth).
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Confirm instructions and personal circumstances through appropriate direct engagement. Have the responsible lawyer assess safety, capacity or vulnerability concerns and escalation.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.