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

HDC CODE: CAPACITY TO CONSENT TO TREATMENT

Capacity is an essential component to validating consent, or refusal to consent, but there is no specific legal test for capacity set out in the HDC Code itself. The person must be able to understand, the nature and effects of the proposed treatment, the purpose for which it is needed, the likelihood of success and any alternative forms of treatment. The possible consequences to the person of receiving, or not receiving, the proposed treatment should be explained. Even where there is an appointed welfare guardian or attorney, every effort should be made to help the person participate as much as possible in the decision to be made.

© 2019 Alison Douglass