Section 3 Footnotes
8 See Section 4 ‘Tips on assessing capacity – Cultural and linguistic diversity and capacity’ on page 64.
9 See capacity assessment principle 4 ‘Assess the person’s decision-making ability – not the decision they make’ on page 36.
10 However, remember to take into account cultural diversity and religious factors as discussed in capacity assessment principle 1 ‘Always presume a person has capacity’ on page 28.
11 see Section 6 ‘How can I support a person to make their own decision? – Communicate in an appropriate way’ on page 150.
12 See Section 6 ‘How can I support a person to make their own decision? –Communicate in an appropriate way’ on page 150.
13 The NSW Community Relations Commission (CRC) has information about interpreters on their website: www.crc.nsw.gov.au , select ‘Services’, click on
‘Interpreting and translation’ and ‘Fact sheets’. Or call the CRC on 1300 651 550.
14 Medical and dental practitioners have a legal and professional responsibility to get consent before treating a person. The person usually gives this consent. If the practitioner assesses them as not capable of consenting to their own treatment, the practitioner should seek consent from their ‘person responsible’. A ‘person responsible’ can be:
- the person’s guardian (if appointed to make medical and dental decisions).
If there is no guardian, then
- the spouse of the person
- a person who has the unpaid care of the person
- a close friend or relative of the person (in this order).
15 Some of these triggers are adapted from information provided on the Alzheimer’s Australia website: www.alzheimers.org.au
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