Providing legal assistance for Western Australians
Infoline - 1300 650 579

Legal Capacity


Legal capacity means that you have the ability to make reasoned decisions for yourself about your personal, financial and legal matters. It is an important legal concept and means you can understand the nature and effect of any decision you make.

You need to have legal capacity to make a valid Will, Enduring Power of Attorney, Enduring Power of Guardianship, or Advance Health Directive. 

The rules about legal capacity are complex and are different in certain circumstances. 

It is important that you get legal advice:

  • if you are worried that someone thinks you do not have capacity
  • if you are concerned about the medical evidence given to the State Administrative Tribunal about your capacity, or 
  • if you disagree with a decision that has been made about your capacity. 

Get help

Older Western Australian’s can get advice on legal capacity from Elder Rights WA. To speak with a lawyer from ERWA, call the Infoline on 1300 650 579 or email