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
LEGAL RESOURCES
Ministry of Justice website for the PPPR Act forms
http://www.justice.govt.nz/family-justice/other-court-matters/power-to-act/getting-an-order-reviewed/forms-fees-and-cost
PPPR Act
http://www.legislation.govt.nz/act/public/1988/0004/latest/DLM126576.html
Health and Disability Commission fact sheet: Consent for consumers who are not competent
http://www.hdc.org.nz/publications/other-publications-from-hdc/fact-sheets/fact-sheet-1--%E2%80%93-informed-consent-for-consumers-who-are-not-competent
UN Convention on the Rights of Persons with Disabilities – Office for Disability Issues
http://www.odi.govt.nz/what-we-do/un-convention/index.html
© 2019 Alison Douglass
