Lifestyle Decison-Making Capacity 

Lifestyle decision-making capacity refers to a person's ability to make decisions about their personal and daily life. In Victoria, this is governed primarily by the Guardianship and Administration Act 2019, which defines personal matters broadly to include decisions about accommodation, healthcare, diet, dress, participation in social and recreational activities, and other aspects of day-to-day living.

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As with all forms of capacity, lifestyle capacity is assessed with reference to the following abilities:

• Understanding information relevant to the decision and its likely consequences

• Retaining that information for long enough to make the decision

• Weighing and using that information in the decision-making process

• Communicating the decision in any way

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Capacity is decision-specific — a person may retain the capacity to make some personal decisions while lacking capacity in relation to others. Capacity may also fluctuate depending on the person's current mental or neurological state.

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When is a Lifestyle Capacity Assessment Needed?

A formal assessment may be requested where there are concerns about a person's ability to make safe and informed decisions about their personal life, including:
 

• Accommodation, such as whether a person can appreciate the implications of different living arrangements and make an informed choice about where they live

• Healthcare decisions, such as whether a person understands the nature of a proposed treatment, its risks and benefits, and can consent to or refuse it

• Discharge planning, where a person's ability to live safely and independently in the community is uncertain

• Where a person is resisting appropriate care or support and there are questions as to whether this reflects a genuine informed choice or a lack of capacity to appreciate their circumstances

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What Does Assessment Involve?

A neuropsychological assessment of lifestyle decision-making capacity involves evaluation of the cognitive capacities relevant to personal decision-making.The assessment draws on cognitive testing, clinical interview, collateral history, and review of relevant documentation. Findings are integrated to provide an opinion regarding the person's capacity in relation to the specific lifestyle decisions under consideration, consistent with Victorian law.