What is Capacity?
Capacity relates to the ability to use and understand information in order to make a decision, consent to medical treatment, and communicate any decision made.
All adults are presumed to have sufficient capacity to decide on their own medical treatment unless there is evidence or reason to suggest otherwise.
Individuals who lack capacity may include those with severe brain damage, learning disabilities, dementia, mental health conditions or intoxication by drugs and alcohol.
A lack of Capacity
Someone who is deemed to lack capacity may be unable to:
- Understand information about the decision
- Remember that information
- Use that information to make a decision
- Communicate their decision by talking, using sign language or any other means.
How to assess Capacity
The ability to make a decision can vary depending on a patient's condition and how it changes over time. Therefore capacity should be assessed at the time you require consent to medical treatment.
Be alert to any signs a patient may show throughout your dialogue with them which allude to the fact that they may lack capacity.
Follow the guidelines and relevant legislation and in complex situations, seek help from specialist members of your team or the Legal Department.
