What is capacity?
Capacity means the ability to use and understand information to make a decision, and communicate any decision made.
A person lacks capacity if their mind is impaired or disturbed in some way, which means they're unable to make a decision at that time.
All adults are presumed to have sufficient capacity to decide on their own medical treatment, unless there's significant evidence to suggest otherwise.
Examples of how a person's brain or mind may be impaired include:
Mental health conditions – such as schizophrenia or bipolar disorder
Dementia
Severe learning disabilities
Brain damage – for example, from a stroke or other brain injury
Physical or mental conditions that cause confusion, drowsiness or a loss of consciousness
Intoxication caused by drugs or alcohol misuse
Someone with such an impairment is thought to be unable to make a decision if they cannot:
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.
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