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.

If your decision-making is in question, the Capacity Toolkit factsheet can help you understand your rights.


What is 'capacity'? How do I decide whether a person has the capacity to make their own decisions?

Download the Capacity Toolkit: Information for government and community workers, professionals, families and carers in New South Wales (PDF, 1.6 MB)


Is someone worried about your ability to make a decision for yourself? If so, find out about your rights.

Download the Capacity Toolkit factsheet: Information for people whose decision-making is in question (PDF, 322.9 KB)

Decision-making and capacity eLearning course

Learn more about empowering people with decision-making disabilities to make their own decisions.

This interactive eLearning, based on the Capacity Toolkit, has been designed for people in NSW who work in the health, law, finance, disability, ageing and social work sectors, and for the friends, family and carers of people with decision-making disabilities.

This eLearning is self-paced and will take approximately 30 minutes to complete.

Last updated:

03 Nov 2022

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We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present, and future. 

Informed by lessons of the past, Department of Communities and Justice is improving how we work with Aboriginal people and communities. We listen and learn from the knowledge, strength and resilience of Stolen Generations Survivors, Aboriginal Elders and Aboriginal communities.

You can access our apology to the Stolen Generations.

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