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

AUTHORS

Alison Douglass, Barrister, 2014 recipient of the New Zealand Law Foundation International Research Fellowship
Dr Greg Young, Consultant Psychiatrist, Capital & Coast Health DHB
Professor John McMillan, Director of the Bioethics Centre, University of Otago

ACKNOWLEDGEMENTS
The development of this toolkit follows on from a survey about the educational needs of doctors in carrying out capacity assessments. We especially wish to acknowledge advice and input on tikanga Māori from Dr Jo Baxter, Associate Dean of Māori, University of Otago. Thank you to our many medical, legal and bioethics colleagues who provided helpful feedback and comments on the survey and an earlier draft of the toolkit. Special thanks to: Crawford Duncan, Ben Gray, Lorraine Davison, Sue Walthert, Iris Reuvecamp, and John Dawson; the helpful resources provided by Alex Ruck Keene, barrister, 39 Essex Street Chambers, George Szmukler and Gareth Owen psychiatrists, Kings College London; and, Carmelle Peisah, psychiatrist, Australia.

The authors would like to acknowledge the generous support of the New Zealand Law Foundation

© 2019 Alison Douglass