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

ACTIVATING ENDURING POWERS OF ATTORNEY

An enduring power of attorney (EPOA)) is a legal document where the donor gives someone else (the attorney) the power to act for the donor if they become “mentally incapable” and lose the ability to make significant decisions for themselves. There are two different thresholds for activating an EPOA:

“not wholly competent”: property EPOA , s 94(1)

“lacks the capacity”: care and welfare EPOA, s 94(2)

When activating an EPOA, there are no longer prescribed certificates to complete however any certificate or opinion of mental incapacity must include the prescribed information shown in the Regulations.