can respond. The key is to help the client feel comfortable with the process to
help the client to remain calm when the actual assessment is carried out. Usually
the more a client knows about the process and their role within that process the
better able they are to focus on providing effective answers.
D. Rights AdviceIt never hurts to remind a client that under normal circumstances they have the
rig ht to refuse an assessment.^48 This may be relevant when someone other than
counsel for the client is urging the client to submit to an assessment. At the same
time, when an assessment may help achieve the client’s goals, you might also
advise them that while they can refuse to be assessed, by doing so they may not
have the evidence they require to be able to challenge a guardianship or re-
assert their autonomy.
VI. CONCLUSION: OTHER ISSUESA. Reasserting AutonomyBeing found capable does not mean that a client has no further need for support.
If possible, a lawyer should collaborate with the client and professionals who can
assist the client to make the transition to more independent living. In particular,
the client may require assistance with banking issues, given that the client may
not have used a bank in many years.
A lawyer’s obligation extends at least to the point of ensuring that all property has
been returned to the client’s control and the client has been given information to
help locate assistance to learn how to manage their property.
(^48) The exception to this rule is when the Court has issued an order, pursuant to s. 79(1) of the
SDA compelling the person to submit to an assessment.