8 2.1.1 Consent, Capacity & Decision Making

A person is capable with respect to treatment if the person is both:
1. Able to understand the information that is relevant to making a decision about the treatment

And

2. Able to appreciate the reasonably foreseeable consequences of a decision or lack of decision (if the exam establishes that the person lacks the ability to do either one s/he is incapable).

Capacity:

• Capacity must be reassessed with every interaction, treatment and decision
• Capacity is fluctuating and can vary day to day, treatment to treatment
• Incapacity is not a global concept
• One can be capable of some decisions (e.g. financial capacity) and incapable of other decisions (e.g. treatment)
• Dementia diagnosis does NOT mean incapacity

Please note that specific legislation will vary province to province, but the legal test will not change.^[1][2][3][4]