Capacity and the Law

Capacity and the Law by Nick O’Neill and Carmelle Peisah, is the first book to deal comprehensively with the issue of capacity and the common law and statute law in Australia over a wide range of the situations in which questions of capacity arise.

Capacity Toolkit

The Capacity Toolkit, produced by the NSW Department of Attorney General and Justice, provides information and guidance to government employees, community workers, professionals, families and carers in issues relating to capacity, capacity assessment principles and supported decision-making.

A Capacity Factsheet is also available in English, Arabic, Chinese, Greek, Italian and Vietnamese.

A Tasmanian version of the Capacity Toolkit is also available.

Planning Ahead Tools

Planning Ahead Tools’ is a free website sponsored by the NSW Government in co-operation with other government and community organisations.  It contains information, tools and resources to help people plan for their future legal, health and asset decisions.

Protecting Elders’ Assets Study

For love or money: intergenerational management of older Victorians’ assets. For love or money: intergenerational management of older Victorians’ assets is the fifth report of the Protecting Elders’ Assets Study (PEAS) programme conducted since 2009 by researchers from Monash University, funded by State Trustees.

Research Report on Policies and Practices of Financial Institutions around Substitute Decision Making

A person’s right to make decisions is fundamental to their independence and dignity. If older people lose mental capacity, personal health and financial decisions will need to be made for them, in other words a substitute decision maker may need to be appointed. It is crucial therefore that older people have access to adequate and appropriate substitute decision making tools. Read the full Research Report.

Resources on how to prevent Financial Abuse

Preventing financial abuse of people with dementia” is available for free on Alzheimer’s Australia website, developed with financial assistance from the Australian Government Department of Social Services.

Discussion paper Preventing Financial Abuse of People with Dementia

With funding from the Law and Justice Foundation of NSW, Alzheimer’s Australia NSW released the “Discussion Paper 10, Preventing financial abuse of people with dementia, June 2014“.