Capacity Toolkit 


The Capacity Toolkit is a guide to assessing a person's capacity to make legal, medical, financial and personal decisions. The Capacity Toolkit was created in response to requests from lawyers, medical professionals, health workers, carers and advocates who required more information about capacity, some general capacity principles and guidelines on assessing a person's capacity to make decisions.

The Department of Justice provides the Capacity Toolkit free of charge to people within NSW. However a fee of $7.50 per Toolkit may be charged where the Toolkit is for interstate use, provided at a conference, or provided as part of a for-profit service provision arrangement - please see the Capacity Toolkit Fees Policy​ (Word 46kb) for further information or make enquiries with Diversity Services.

Select the links below to browse the contents of the Capacity Toolkit.

Section 1
>> Capacity at a glance
>> Who is the Toolkit for?
>> How do I use the Toolkit?

Section 2
>> What is capacity?

Section 3
>> Capacity assessment principles
>> When should capacity be assessed?
>> Who might assess capacity?

Section 4
>> Tips on assessing capacity - what do I need to know before I start?

Section 5
>> Assessing capacity in each area of life
>> Personal Life
>> Health
>> Money and Property

Section 6
>> Assisted decision-making
>> How can I support a person to make their own decision?
>> Resolving disagreements

Section 7
>> Other Resources
>> References

Capacity Toolkit Factsheet