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

SUBSTITUTE DECISION MAKING... AS A LAST RESORT

If all efforts made to support a person through the decision-making process are unsuccessful, and the person does not meet the legal test for capacity, then a substitute decision-maker can make the decision for the person. Where a substitute decision-maker is involved, a capacity assessment can provide useful information about the person’s views, values and beliefs, which remain central to them being supported in the decision-making process, as well as the nature of the difficulty they may have with decision making.

© 2019 Alison Douglass