Plan New South Wales support before a capacity conclusion
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the support the Capacity Toolkit says to try before treating the person as unable to decide: tools for this decision, more time, and a delay if the illness fluctuates. If a substitute decision-maker is already in place, say this plan stops.
- What the lawyer must review
- The lawyer decides whether support has been tried for this decision.
- A substitute who is already appointed ends this plan.
- Check ASCR r 9, APP 11, and whether a breach is notifiable under the Privacy Act 1988 (Cth).
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales. Support under the Capacity Toolkit for one decision.
Produce. A support plan that stops if a substitute decision-maker is already appointed.
Have ready. The decision; Whether capacity fluctuates on the lawyer's instructions; Any existing appointment.
Example of the limit. Illustrative example: The client has better days. The plan proposes waiting until next week and using short steps. It does not name a tutor.
Stop and hand it back when
- An enduring guardian is already acting for this decision.
- The plan says the client lacks capacity.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List the support the Capacity Toolkit says to try before treating the person as unable to decide: tools for this decision, more time, and a delay if the illness fluctuates. If a substitute decision-maker is already in place, say this plan stops. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The plan is for one decision and says what support was tried.
- A fluctuating illness is recorded as a reason the decision might wait, not as a finding.
- If a power of attorney, enduring guardian, or tribunal or court appointment is already in place, the plan stops.
- The plan does not define person responsible beyond the toolkit's exception sentence.
Sources
- NSW Department of Communities and Justice: Capacity Toolkit · 2026-10-23
- OAIC: APP 11 · 2026-10-23
The toolkit says a substitute should still consult the person. That consultation is for the lawyer to arrange.
This is not the task that identifies the tutor.