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 Making 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 videos Cultural competence International guides to assessment Authors & Acknowledgments

PURPOSE

The purpose of this toolkit is to guide health practitioners, including doctors, psychologists, nurses, occupational therapists (clinicians) and social workers when assessing an adult’s capacity to make a decision(s).

The toolkit provides a consistent and systematic approach to assessing capacity within the New Zealand healthcare setting. It covers: key practice points, how to carry out a capacity assessment, and an overview of the relevant law.

The UN Convention on the Rights of Persons with Disabilities has shifted the focus towards supported decision-making for people with impaired capacity: not only is it important that good judgements are made about whether or not a person has decision-making capacity but it is equally important to provide ways in which a person can be supported so as to make their own decisions.

This toolkit aims to recognise supported decision-making within New Zealand’s diverse cultural contexts and that tikanga Māori is central to capacity assessment of Māori.

A list of useful resources is provided at the end of the toolkit.