Module 2: Direct Comprehensive Primary Care in the LTC Setting
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]