---
title: "Plan New South Wales support before a capacity conclusion"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/plan-support-so-a-client-with-a-cognitive-impairment-can-instruct/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-IN20261023-15-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Plan New South Wales support before a capacity conclusion

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/plan-support-so-a-client-with-a-cognitive-impairment-can-instruct/new-south-wales  
Last reviewed: 2026-10-25

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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). |
| Written for | New South Wales |
| Applies to | [Plan support so a client with a cognitive impairment can instruct](https://ailawframework.com/practice/personal-injury-and-compensation/plan-support-so-a-client-with-a-cognitive-impairment-can-instruct.md) |

## Checking plan

**Verify against sources**

The toolkit requires support before a conclusion that the person cannot decide, and it stops that support where a substitute is already in place.

- What the AI does: 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 does: 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).
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. The plan is for one decision and says what support was tried.
2. A fluctuating illness is recorded as a reason the decision might wait, not as a finding.
3. If a power of attorney, enduring guardian, or tribunal or court appointment is already in place, the plan stops.
4. The plan does not define person responsible beyond the toolkit's exception sentence.

## Notes

- 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.

## Practical guide

Jurisdiction: New South Wales. Support under the Capacity Toolkit for one decision.

**Deliverable**: A support plan that stops if a substitute decision-maker is already appointed.

**Inputs**

- The decision
- Whether capacity fluctuates on the lawyer's instructions
- Any existing appointment

**Example**: 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 escalate when**

- An enduring guardian is already acting for this decision.
- The plan says the client lacks capacity.

Checked 2026-10-23.

## Sources

- [NSW Department of Communities and Justice: Capacity Toolkit](https://dcj.nsw.gov.au/documents/resource-centre/capacity-toolkit/capacity-toolkit.pdf) (checked 2026-10-23)
- [OAIC: APP 11](https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-guidelines/chapter-11-app-11-security-of-personal-information) (checked 2026-10-23)

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