Why do I need to assess capacity?

General practitioners assess patient’s capacity to make decisions such as granting a power of attorney, making an advance care plan, or choosing a health care investigation or treatment.

Capacity and the lack of capacity are legal concepts. Capacity is determined by whether a person can understand and appreciate information about the context and decision, not the actual outcomes of choices made, and not whether they can perform tasks.

For instance, illness can temporarily impair capacity, and dementia does not automatically mean incapacity. A declaration of incapacity is serious as it implies a need to assume responsibility for the incapable person's wellbeing. Valid assessments of capacity are necessary to honour the ethical principles of respect for individuals, beneficence and justice.

Capacity assessment can be difficult. In some situations referral to a specialist geriatrician may be appropriate. A neuropsychologist assessment may also provide valuable insight into the patient’s cognitive capability.

To view the capacity assessment flow diagram click here.