Other
Other types of matters include institutional abuse, family law, licensing, testamentary capacity and fitness to instruct a solicitor. Our specialist psychiatrists are experienced in the assessment of victims of institutional abuse, both individual referrals and joint referrals by victims and the institutions. Fitness to parent in the context of a history of mental illness also represents an important area of medicolegal psychiatry. Licensing, such a gun licenses and certain types of driver’s licenses may also require a psychiatric assessment. Our staff will be pleased to discuss your matter and advise you accordingly.
Public Liability
An injury that occurs in a public place as a result of someone else’s negligence may lead to a public liability claim. This may include a slip and fall or an injury from faulty equipment. A psychiatric assessment will be required to assess the presence of a psychiatric injury or psychological injury. Sometime these types of claims are referred to as “emotional distress” or “nervous shock”.
Capacity
A psychiatrist is sometimes required to assess the influence of a mental illness on a person’s ability to understanding a legal process. A solicitor cannot proceed if the client cannot adequately understand the facts of a legal matter, weigh the consequences, and engage in cogent discussions. Legal capacity is required to enter into contracts, sue or be sued, and to manage personal, financial, and legal affairs.
Probate
A Forensic Psychiatrist may be required to consider if a deceased person had testamentary capacity at the time their will was made or altered. This will often include a detailed review of clinical documents and other material to obtain a comprehensive understanding of the deceased person’s mental health, state of mind and potential vulnerabilities at the time the will was made.
A Forensic Psychiatrist or a psychiatrist specialising in Old Age Psychiatry may be asked to assess an individual during the planning stages of a will to confirm the presence of testamentary capacity thereby limiting the risk of a legal challenge after death.
Administrative Appeals Tribunal, Visas/Immigration
A psychiatrist may be required to assess the mental health of a visa applicant if there is a chance that the illness could place a burden on healthcare system and social services. The Department of Immigration may request a mental health assessment as part of the application process.
Income Protection
A psychiatric assessment may be necessary to document a psychiatric diagnosis and its severity as part of an application to access income protection payments. It is also necessary to demonstrate to the insurer that the mental health condition is being managed and there is a treatment plan in place.
A medicolegal psychiatric report may also be required by the insurer when considering an application for income protection insurance if there is a history of mental health issues.
File Review
A file review is often required as part of a comprehensive medicolegal psychiatric assessment. Sometimes it is not possible to undertake an assessment of the client and the medicolegal psychiatrist is required to base a report on information obtained from documents alone. This may arise if the client is unable or unwilling to participate in an interview or if the matter relates to a deceased person.
Total and Permanent Disability
Total and permanent disability insurance (TPD) claims for mental health issues are complex. Providing an expert psychiatric report early in the application process is often helpful. To claim TPD insurance successfully, the applicant will require a formal diagnosis and confirmation that the condition is permanent. Often a psychiatric report is required to confirm that the condition has been fully treated and stabilised.