---
title: "Screen whether a Queensland client can give instructions on this decision"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/screen-whether-the-injured-person-can-give-instructions/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-IN20261023-2-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Screen whether a Queensland client can give instructions on this decision

> From the file note the lawyer selects, list indicators that bear on whether the person can give instructions for this decision. Do not decide capacity.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/screen-whether-the-injured-person-can-give-instructions/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 | From the file note the lawyer selects, list indicators that bear on whether the person can give instructions for this decision. Do not decide capacity. |
| What the lawyer must review | Capacity is presumed, and it is decision-specific A medical assessment needs the client's consent and instructions The tool lists indicators and does not decide capacity Health and wage records stay in a firm-controlled tool. Check ASCR r 9, APP 11 and Privacy Act notification |
| Written for | Queensland |
| Applies to | [Screen whether the injured person can give instructions](https://ailawframework.com/practice/personal-injury-and-compensation/screen-whether-the-injured-person-can-give-instructions.md) |

## Checking plan

**Verify against sources**

The tool lists indicators about this decision. The lawyer decides whether the client can give instructions.

- What the AI does: From the file note the lawyer selects, list indicators that bear on whether the person can give instructions for this decision. Do not decide capacity.
- What the lawyer does: The lawyer decides whether the client can give lawful, proper and competent instructions for this decision.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. The Queensland capacity page says rule 8 requires the solicitor to follow a client's lawful, proper and competent instructions, and that a person is presumed to have capacity.
2. The same page says capacity can be decision-specific and time-specific, can fluctuate, and can change with support. The list is about this decision.
3. The client's consent and instructions are required before a medical assessment. The tool does not request one and does not treat a medical note as a decision.
4. The page cites the Capacity Assessment Guidelines 2020 and says the Queensland Handbook for Practitioners on Legal Capacity is being updated. The tool does not apply a test from a handbook that was not opened.

## Notes

- This screen does not appoint a litigation guardian. If a proceeding is in view, that question is a separate task under the Uniform Civil Procedure Rules.
- Section 5 of the Limitation of Actions Act 1974 describes disability for limitation while a person is an infant or of unsound mind. It is not the test for whether the person can give these instructions.
- Health and wage records stay in a firm-controlled tool. Apply ASCR r 9 and APP 11, and consider whether a breach is notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: Queensland plaintiff personal injury intake, before instructions are taken as competent

**Deliverable**: A list of indicators, tied to this decision, for the lawyer to consider. No capacity finding.

**Inputs**

- The file note the lawyer selects
- The decision for which instructions are sought

**Example**: Illustrative example: The note records confusion about the accident date. The draft lists that as an indicator for this decision. The lawyer decides whether instructions can be taken, and the draft does not say the person lacks capacity.

**Stop and escalate when**

- The lawyer is being asked to decide capacity.
- A medical assessment is proposed and the client has not consented.

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)
- [Limitation of Actions Act 1974 (Qld) section 5](https://classic.austlii.edu.au/au/legis/qld/consol_act/loaa1974226/s5.html) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Capacity and instructions checklist](https://ailawframework.com/precedents/personal-injury-and-compensation/capacity-and-instructions-checklist.md) | Checklist | Yellow | Checklist for whether the injured person can instruct on the decision in front of them today. It records observations and the support tried, and it does not certify that the person lacks capacity. |

Signed-in accounts can read the full text of each one.

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