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

SUPPORTED DECISION MAKING

Supported decision-making involves doing everything possible to maximise the opportunity for a person to make a decision for themselves. A capacity assessment can give guidance about the extent and nature of the support the person requires.

Supported decision-making is in keeping with established legal principles, including:

using the least restrictive intervention;
maximising a person’s capacity to the greatest extent possible; and
people being entitled to make unwise or imprudent decisions.