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Children’s Court Family Division Checklist – Assessing capacity to give instructions – adults

Victoria Legal Aid

VICTORIA LEGAL AID STRAIGHT CONNECTOR 3 CHILDREN’S COURT FAMILY Children’s Court Family Division Checklist 2 – Assessing capacity to give instructions – adults

Children’s Court Family Division Checklist – Assessing capacity to give instructions – adults

Interim document subject to review – suggestion only

Client’s name       Client’s date of birth      

Role of client MotherFatherOther

Child’s name       Child’s date of birth      

Date of assessment      

Location of assessment      

Other persons present (if applicable)      

Known issues Intellectual Disability (registered?) Mental illness (current treatment orders?)

Details of disability or illness      

Criteria

How criterion was met

Cognitive function


Any language or communication problems?

Consider

  • clarity of speech

  • ability to focus

  • ability to provide consistent details


Any memory problems?

Consider

  • consistency in recollection between this and any previous sessions

  • information provided by others about memory issues


Any comprehension problems?

Consider

  • ability to understand the reason for child protection involvement

  • ability to understand the material in DHHS reports


Any issues with mental flexibility?

Consider

  • ability to consider alternative options

  • ability to express preferences in the event that what they want is not achievable


Emotional functioning


Any indication of delusional thinking?

Consider

  • rationality of instructions about the facts

  • rationality of instructions about care of the child


General emotional presentation

Consider visible affect


Mitigating factors


Any factors that might mean that issues are temporary?

Consider

  • post-partum hormones

  • medication

  • extreme fatigue

  • unusual medical diagnosis e.g. thyroid issues


Legal Elements


Ability to understand the nature of the proceedings?


Ability to make and express a preference / decision


Ability to understand information relevant to making a decision?


Ability to understand the reasonably foreseeable consequences of a decision?


Ability to participate fully in proceedings?


Reliability of instructions?




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