What Happens After a Capacity Assessment?
Once a capacity assessment is completed, the assessor—usually a health or allied health professional—will provide a professional opinion about whether the person has capacity to make a specific decision at that point in time.
This opinion is based on the assessment process, observations, and discussions with the person.
- The person retains the right to make and act on their own decision.
- They may still want or need support—such as help understanding information, using communication aids, or involving a trusted support person.
- Support should be offered, not control taken away.
People have the right to make decisions others may see as unwise or risky.
- The report may outline which decisions the person is currently unable to make and what supports were tried.
- This does not automatically mean the person loses their right to make decisions.
Any next steps—such as applying to QCAT for guardianship or administration—should only be taken if there are no less restrictive options available.
A health professional’s opinion is important, but it is not legally binding.
Only QCAT (Queensland Civil and Administrative Tribunal) or a court can make a legal determination that a person lacks capacity and appoint a substitute decision-maker such as a guardian or administrator.
Key Points
- A capacity assessment should be part of a supportive process, not just a step toward substitute decision-making.
- Even when someone is assessed as lacking capacity for one type of decision, they may still be able to make others.
- Everyone has the right to be involved in decisions that affect them, as much as possible.
Additional Resources
Relevant Laws and Rights:
Guardianship and Administration Act 2000 (QLD) – outlines how capacity is defined and assessed, and presumes adults have capacity.
Human Rights Act 2019 (QLD) – protects the right to autonomy, privacy, and freedom.
UN Convention on the Rights of Persons with Disabilities (UNCRPD), Article 12 – recognises the equal right of people with disabilities to make decisions and receive the support they need to do so.
Guidelines for assessing decision-making capacity (Queensland Government Website) HERE
Queensland Capacity Assessment Guidelines (PDF from QLD Gov publications portal) HERE
Decision-making for Adults with impaired capacity (QCAT website) HERE