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Occupational therapy has a long tradition of dealing with humans displaying reduced activities of daily life. The current demographic development suggests an increase of elder people in need of care, thus the funds available have to be employed efficiently. The nursing allowance in Austria is being used to enable help and support of persons who are impaired in their activities of daily life. A medical estimate determines - based on a specific schematic -the amount of nursing allowance to aid in the support and help of the disabled person. This paper focuses on the question if occupational therapists have the expertise to assist the medical doctor in assessing a person in need of care with a medical estimate. In this paper, a special focus is put on an evidence-based point of view of the Austrian process in a legal framework. The article displays strengths and weaknesses of occupational therapists estimating the incapacities of persons in need of care. This position paper has been developed in the course of the lecture „Erstellung von Gutachten“ of the „Master course Occupational Therapy“ at the University of Applied Science in Vienna and intends to incite a discussion in all areas (science, practice, job politics) about the diverse aspects of the future expert activities of occupational therapists. [ABSTRACT FROM AUTHOR]