He/she received the assessment(s) from the, state-run and funded, mental health court. 3. The assessment results are as follows: (assessed person's full name and address) The assessment result as per the, state government-owned, assessment court. 4. The, assessor's assessment of, the capacity and competency of, the assessed person is, in my estimation, not credible.
(full name of assessed person) A number of factors come into play in assessing capacities and competency. In my opinion, the assessment results are, therefore, not credible. Therefore, I, hereby, request the, state government to rescind this assessment within thirty (30) days commencing, today.
(assessed person's full name, address and phone number)
If you are still unconvinced that assessment results under the Act are not credible you are, in my eyes, doing yourselves a favor by not exercising your rights.
This is not the first time that the State Government has been challenged over its assessment process.
A similar legal battle was fought back in 2006 over the state's inability to remove a person from a State Care Service when they are in a state of crisis.
In July 2008, the state's assessment services were declared unconstitutional after a High Court challenge. The case, The State of New South Wales & The State of NSW Assessors v New South Wales Government, was filed by three affected mental health practitioners.
The Court agreed with the practitioners' argument that the assessment process was illegal since it was based on faulty scientific and actuarial assumptions. The state appealed the decision, however, the Court's decision has now been set aside.
Today's appeal is the first in eight years and the case has now made it this far.
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(full name of person assessed) FORM E Substitute Decisions Act, 1992 STATEMENT OF ASSESSOR REGARDING CAPACITY TO REVOKE A POWER OF ATTORNEY FOR PERSONAL CARE WITH SPECIAL PROVISIONS (Under Subsection
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