How can capacity be assessed?

Question

What will be an ideal response?

Answer 1

Suggested response: As clearly laid out in legislation related to mental capacity and consent to medical treatment in various countries (e.g. Australia, NZ, UK), a person must be assumed to have capacity unless it is established that he or she lacks capacity. A person is not to be treated as unable to make a decision purely because an unwise decision is made. Any action undertaken for or on behalf of a person who lacks capacity must be done in their best interests. Before the act is performed, or the decision is made, attention must be paid to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person's rights and freedom of action. There are different ways of assessing a person's capacity to make an autonomous decision. Common law uses a ‘functional' approach to competence, i.e. whether the person can demonstrate decision-making capacity. If a person is deemed not to have capacity, then legally, medical treatment can be administered, even if it is against the wishes of the person. In Kerrie's case, appropriate consultations and referrals were made to senior medical staff and mental health services to ensure that thorough assessments of Kerrie's mental health and capacity status were made. It is important that clear processes are in place in healthcare settings and that appropriate training and support are in place so that doctors and nurses are aware of what to do if the capacity of an individual requires assessment.