Queensland Law Society has released a new, free video resource to support legal and health professionals in requesting and completing health professional reports for QCAT guardianship and administration matters.
QLS developed the video resource in collaboration with the RACGP Queensland and received input from key medical and legal stakeholders.
Why health professional reports matter
Whether an adult has capacity is a legal question that may need to be determined by the Queensland Civil and Administrative Tribunal (QCAT). Under Queensland law, adults are presumed to have capacity unless proven otherwise.
The health professional report provides an expert medical opinion that can assist QCAT to assess an adult’s decision-making capacity for a particular matter and inform QCAT and others about whether appointment of a substitute decision-maker is needed.
New video resource focuses on practical information on key issues
The video explains the relevant legal test of capacity and the types of decisions QCAT may need to assess, including decisions about personal matters, health matters and financial matters.
It also gives doctors practical tips for carrying out assessments and maximising an adult’s participation in decision-making.
One of the key messages in the video resource is the importance of supporting the adult to participate as fully as possible in decisions that affect them. Capacity often fluctuates, so the timing, environment and communication supports available can make a key difference when assessing an adult’s capacity.
How legal practitioners can support GPs when requesting these reports
The video resource also addresses how legal practitioners can support timely completion of health professional reports, for example, by providing doctors with a concise summary of the matter, relevant medical background, and details of the adult’s usual supports.
More work planned
This video resource is part of broader initiatives by QLS to increase understanding of capacity and supported-decision making in the community, aid the delivery of capacity assessments and address barriers to health professionals providing the reports.
Completing a Health Professional Report (QCAT) for a guardianship proceeding
Share this article