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Dr Helen SiddleConsultant PsychiatristMBBS, FRANZCP, MFPOA

Questions

Questions

For solicitors, insurers, GPs and the people being assessed.

For solicitors and insurers

Who can refer a matter?

Medico-legal referrals come from solicitors and barristers, insurers, self-insurers, superannuation funds, medical defence organisations, tribunals, courts and government agencies. A letter of instruction is required. General practitioners refer clinical patients, not medico-legal matters. Where a GP’s patient needs a capacity assessment for a legal matter, the solicitor instructs Dr Siddle directly.

What does Dr Siddle not assess?

Dr Siddle does not accept criminal matters, family law parenting assessments, or assessments of children and adolescents. Every referral is checked for conflict of interest when it arrives.

Can she assess someone who cannot come to the rooms?

Assessments are conducted in Dr Siddle’s rooms at Spring Hill or by telehealth. She does not undertake home visits, aged-care facility visits or hospital visits.

How long does a report take?

Usually one week from the assessment, once the documents are complete. It is occasionally longer when Dr Siddle or her practice manager is on leave.

Will Dr Siddle attend court or a conference with counsel?

Yes. Dr Siddle attends court and conferences with counsel, and prepares supplementary reports where asked.

What happens when a referral arrives?

The referring party will send the claim file, medical records, prior reports, and the specific questions needing to be answered. The independent assessment will usually take one to two hours. The subject is informed of the independence of the assessment and that the report will go to the referrer. Assessments are conducted in Dr Siddle’s rooms at Spring Hill or by telehealth. Home visits are not undertaken. Dr Siddle will then provide a report including the assessment and her response to the specific questions. Reports are usually provided within one week.

Does a dementia diagnosis mean the person lacks capacity?

No. Capacity is decision-specific. Many people with early or moderate dementia retain capacity for a will, an enduring document or a straightforward financial decision. The assessment looks at the specific abilities the legal test requires, not the label.

Can she give an opinion on capacity after the person has died?

Yes. A retrospective opinion is built from medical records, the solicitor's file, and statements from people who knew the person. The report is explicit about how far the evidence goes.
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For the person being assessed and their family

Why have I been asked to see a psychiatrist?

Someone involved in a legal or insurance matter needs an independent medical opinion. This is not because anyone thinks you are unwell in a way that needs treatment. It is to answer a specific question that the law requires a doctor to address.

Is Dr Siddle my doctor?

No. In an independent assessment she does not treat you and does not act for you. She is asked to give an independent expert opinion to the person or body who referred you. She will explain this at the start of the appointment.

Who will see the report?

The person or organisation who referred you. In a legal matter, that is usually your solicitor, or the other party's, or a tribunal. Dr Siddle will tell you who instructed her. You can ask your solicitor for a copy.

How long is the appointment, and what should I bring?

Usually one to two hours. Bring your medications, your glasses and hearing aids, and any letters or documents you were asked to bring. You may bring a support person, however independent assessments are usually conducted with you alone.

Does a capacity assessment mean I will lose control of my affairs?

No. It answers one question about one decision. The law presumes every adult has capacity, and the assessment is often arranged to confirm that, so a document cannot be challenged later.
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For GPs

Does Dr Siddle take clinical referrals?

Yes, and she is currently accepting new clinical patients, with a wait of around three months. She predominantly sees people over 65. Younger adults are seen where the referring GP has discussed the referral with her first. See the clinical page.

I have been asked by a patient's solicitor to assess capacity. Can I refer instead?

No. Where the assessment is for a legal matter, the solicitor should instruct Dr Siddle directly, with a letter of instruction. A capacity question that forms part of a current patient’s clinical care is different, and is dealt with in the ordinary course of their appointments.

How do I send a clinical referral?

Email your enquiry to helen@drhelensiddle.com.au, or send a referral through Medical Director. Dr Siddle's practice manager will respond with your options.
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