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.

 

 

  © 2019 Alison Douglass