Impaired capacity and consent

Aged care and retirement living providers frequently need to manage the challenges associated with clients who have impaired decision making capacity.

Hynes Lawyers believe our team’s expertise and experience in providing advice to providers on the legal issues associated with persons with impaired decision making capacity is second to none. This is complemented by the head of our aged care and retirement living team having completed post graduate study on these issues.

Our aged care and retirement living team have advised providers on the legal issues associated with persons with impaired decision making capacity on matters including:

• medication management;
• obtaining consent for medical treatment including withdrawing and withholding life sustaining treatment;
• the validity and use of advance health directives;
• the validity and use of enduring powers of attorney;
• drafting policy and procedures relevant to decision making for clients with impaired decision making capacity;
• conflicts of interest arising in respect of inappropriate bequests made by clients to staff;
• restrictive practices; and
• applying to and appearing before the Guardianship and Administration Tribunal in relation to the appointment of guardians and/or administrators for persons with impaired decision making capacity.

Contact

Partner                  Julie McStay