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

ASSESSMENT OF A PERSON'S DECISION-MAKING ABILITY, NOT THE DECISION THEY MAKE

Assessing capacity involves examining the mental processes a person goes through in order to arrive at a decision: it is not an assessment of the decision made. A person cannot be assessed as lacking capacity simply because they make a decision that is considered unwise or imprudent. However, an uncharacteristically imprudent decision may constitute a “red flag” to trigger an assessment of the person’s capacity.