---
title: "Apply the Queensland presumption of capacity with support"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/plan-support-so-a-client-with-a-cognitive-impairment-can-instruct/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-IN20261023-15-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Apply the Queensland presumption of capacity with support

> Record that the Society's page presumes capacity, that capacity can be decision-specific, time-specific, and can fluctuate and change with support, and that a medical assessment needs the client's consent.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/plan-support-so-a-client-with-a-cognitive-impairment-can-instruct/queensland  
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 | Record that the Society's page presumes capacity, that capacity can be decision-specific, time-specific, and can fluctuate and change with support, and that a medical assessment needs the client's consent. Do not take a test from the handbook or the 2020 guidelines. |
| What the lawyer must review | The lawyer decides whether the presumption holds for this decision. Approve a medical assessment only with the client's consent. Check ASCR r 9, APP 11, and whether a breach is notifiable under the Privacy Act 1988 (Cth). |
| Written for | Queensland |
| 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 Society's page states the presumption and that support can change capacity. The handbook and the 2020 guidelines were not opened.

- What the AI does: Record that the Society's page presumes capacity, that capacity can be decision-specific, time-specific, and can fluctuate and change with support, and that a medical assessment needs the client's consent. Do not take a test from the handbook or the 2020 guidelines.
- What the lawyer does: The lawyer decides whether the presumption holds for this decision. Approve a medical assessment only with the client's consent. 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 note states the presumption. It does not find that capacity is absent.
2. Any medical assessment is marked as needing the client's consent.
3. No test is copied from the handbook or the 2020 guidelines.
4. If the client cannot instruct even with support, stop and use the task that identifies who conducts the claim.

## Notes

- The Queensland Handbook for Practitioners on Legal Capacity and the Capacity Assessment Guidelines 2020 were not opened.
- This plan does not appoint a litigation guardian.

## Practical guide

Jurisdiction: Queensland. Presumption of capacity for the decision named.

**Deliverable**: A support note the lawyer uses before any capacity conclusion.

**Inputs**

- The decision the lawyer named
- The support the client already uses
- Whether a medical assessment is proposed

**Example**: Illustrative example: The client understands the retainer on a quiet morning and not when in pain. The note records that capacity can fluctuate and change with support. It does not conclude that the client cannot instruct.

**Stop and escalate when**

- The lawyer asks for a medical report and consent is not recorded.
- The handbook is treated as opened.

Checked 2026-10-23.

## Sources

- [Queensland Law Society: doubts about a client's 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 2026-10-23)
- [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.*