---
title: "Letter to a medical practitioner requesting a capacity assessment for a specific decision"
url: "https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/capacity-assessment-request-letter"
type: "precedent"
site: "AI Law Framework"
id: "a18-capacity-assessment-request-letter"
area_id: "A18"
kind: "letter"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# Letter to a medical practitioner requesting a capacity assessment for a specific decision

> Letter asking a GP or specialist to assess a client's capacity for a specific legal decision (will, enduring power of attorney, enduring guardian, sale or gift), stating the correct legal test and asking targeted…

Canonical page: https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/capacity-assessment-request-letter  
Law stated as at: 2026-10-17

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

Letter asking a GP or specialist to assess a client's capacity for a specific legal decision (will, enduring power of attorney, enduring guardian, sale or gift), stating the correct legal test and asking targeted questions rather than for a general opinion.

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Elder Law & Powers of Attorney / Guardianship](https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship.md)
- Jurisdictions: Australia, New South Wales
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 4 authorities it cites, for Australia and New South Wales.

## When to use it

Use when instructions raise doubt about capacity, before signing a will or enduring instrument, or where a later challenge is foreseeable. Get the client's informed consent to the referral and to the release of information, and send only to a safe practitioner chosen with the client.

## How AI may be used

AI may tailor the questions to the decision and draft the factual background from the lawyer's statement of the test, under close supervision. The legal test must be stated accurately by the lawyer, and the doctor's opinion is evidence, not something AI infers.

**AI may:**

- Draft the background and document list from the lawyer's file note
- Tailor the question set to the decision type from the lawyer's statement of the legal test

**AI must not:**

- Must not state or paraphrase the legal test without the lawyer settling it
- Must not process medical records in a tool not approved for health information
- Must not suggest a conclusion on capacity

**The lawyer checks:**

- The correct test for the specific decision is stated
- Client consent to the referral and to release of information
- Questions are neutral and do not lead the assessor

## Authorities

- [Gibbons v Wright (1954) 91 CLR 423 (capacity is relative to the particular transaction and its nature)](https://www.hcourt.gov.au/cases-and-judgments/judgments/1-clr-100-clr/gibbons-v-wright)
- Banks v Goodfellow (1870) LR 5 QB 549 (testamentary capacity)
- [Powers of Attorney Act 2003 (NSW) s 19 (enduring power of attorney: witness certifies the principal appeared to understand its effect)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2003-053)
- [Guardianship Act 1987 (NSW) s 6C (enduring guardian: witness certifies the appointor appeared to understand the effect)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1987-257)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/capacity-assessment-request-letter and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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