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

CAPACITY IS DECISION AND TIME SPECIFIC

A person’s capacity should be assessed in relation to a particular task or decision. Capacity cannot generally be inferred from one task or decision to another.

The person’s incapacity may be temporary, or fluctuating. If possible, an assessment of capacity should be done when the person’s condition has improved. For example, if the person has a delirium, it is better to wait until this has resolved.