Mental Health and Capacity

October is Mental Health Month and 10 October 2019 is world Mental Health Day.

More than 1 in 5 Australians are affected by mental illness, and there are a range of legal issues that can arise for sufferers and their family and supporters. One of the most critical legal issues when considering mental health is that of ‘capacity’ – the circumstances in which a person can make decisions for themselves, and the circumstances in which they can delegate these decisions.