Capacity Explained

Capacity is a mental construct which deals with an individual's rationality and their understanding of reality. Capacity is presumed in all adults, and if and when a person loses their capacity, it has to be proven through evidence.

• Definition of Capacity

• Permanent loss/reduction of capacity

• Temporary loss/reduction of capacity

• Who assesses Capacity?

• What happens once a person loses his or her capacity?

• Assisted decision making

• Substitute decision-making

Capacity is defined as

1. Understanding the nature and effect of the decision

2. Freely and voluntarily making the decision

3. Demonstrating a person's understanding by communicating this in some way.

It is important to know that capacity is to be assessed per decision, because a person's capacity can vary in different circumstances, at different times, and about different types of decisions.

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Permanent loss/reduction of capacity

Capacity can be impaired or lost permanently or temporarily through:

• Dementia

• Intellectual disability

• Acquired brain damage

• A Psychiatric condition.

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Temporary loss/reduction of capacity

Capacity may be impaired or lost temporarily through:

• Delirium - which is reversible through treatment

• Fear of an operation

• Episodic psychiatric condition

• Unconsciousness or confusion

• Effects of fatigue, shock, pain or drugs.

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Who assesses Capacity?

• A General practitioner

• A Psychiatrist, geriatrician, and other specialists

• For a more elaborate assessment a Psychologist/Clinical Psychologist would be involved.

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What happens once a person loses his or her capacity?

Once a person looses their capacity they no longer get to choose who would make decisions for them if they can no longer do so. This is why it is extremely important to plan ahead and in that way, if capacity is lost you can rely on a decision you made earlier, and have someone you chose make the decisions for you. The legal term for this is an Enduring Power of Attorney.

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Assisted decision making

This is when a person may be able to make the particular decisions because they have support during the decision making process. The type of support a person may need will vary based on their personal circumstance, the type of decision and the time that is available for them to make that decision.

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Substitute decision-making

Substitute decision-making is the last resort when a person has been assessed as not having capacity. At this stage a "substitute decision-maker" is appointed this can be done formally where the person has family members who are able to make the decisions when the decisions are not major. A substitute decision-maker can also be appointed through formal legal arrangements. If you are in this situation then we can help in dealing with the Supreme Court or the Guardianship Tribunal in order to appoint someone who can make decisions on your behalf.

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If you would like more information or advice about issues concerning capacity and its affect on  Elder members of our society. Complete and submit the Express Enquiry form on the top right hand side of this page and we will contact you to discuss your enquiry  or call us on 1300 QUINNS (1300 784 667) or on +61 2 9223 9166 to arrange an appointment.