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

PRESUMPTION OF CAPACITY

The starting point when assessing capacity is always to presume that a person has capacity to make the decision. However, the assessment will be taking place because a reason exists to question the presumption of capacity. The capacity assessment is an examination of the person’s decision-making process.

Clinicians need to be alert to triggers that question the person’s capacity for the present decision and the reasons why they are being asked to assess a person’s capacity.