Capacity Toolkit

Checklist Overview

Introduction Purpose Guidance (not legal advice) Definition of capacity Legal test for capacity

Key Practice Points Presumption of capacity Capacity is decision/time specific Assess the ability NOT the decision Supported decision making Substitute decision making Tikanga Māori & cultural diversity Form of assessment Who should carry out assessments

Capacity Assesment Overview Preparing Assesment Interview After the Interview

The Legal Framework Overview Mental capacity law Relevant legal test PPPR Act : capacity thresholds Activating EPOAs HDC Code: capacity to consent to treatment Right 7(4) of the HDC Code Capacity to make a Will Refusal to undergo assessment

Useful Resources Legal resources Education video Cultural competence International guides to assessment Authors & Acknowledgments

THE LEGAL TEST FOR CAPACITY

The purpose of assessing capacity is to determine by clinical interview whether the person is unable to make a legally effective decision. A functional test is used.

A person lacks capacity if they are unable to:

understand the nature and purpose of a particular decision and appreciate its significance for them;
retain relevant, essential information for the time required to make the decision;
use or weigh the relevant information as part of the reasoning process of making the decision and to consider the consequences of the possible options, (including the option of not making the decision); or
communicate their decision, either verbally, in writing or by some other means.