A person is
not to be treated as unable to make a decision unless all
practicable steps to help him to do so have been taken
without success.
A person is not to be treated as being
unable to make a decision merely because he makes an unwise
decision.
It must be remembered
that: -
There is a presumption of capacity until demonstrated
otherwise.
Any assessment of capacity has to be made in relation
to a particular decision (e.g. choice of treatment) at
a particular time.
An individual’s capacity can vary over time, so
health and social care professionals should identify the
time and manner most suitable to the patient to discuss
treatment options. It may be necessary to call upon expert
assessment of the patient’s capacity e.g. psychiatrist,
clinical psychologist.
Capacity may be temporarily impaired by toxic conditions
or temporary illness.
All assessments of a person’s capacity should be
documented in the patient’s medical, nursing and
other appropriate care records.
Determining
capacity should be conducted using a multi-professional approach.
This may reduce the burden of the decision onto a single
professional; however, the final responsibility remains with
the senior professional for the patient.
In cases of doubt it is advisable to obtain an independent
clinical and or legal opinion. Ethics of Clinical Practice
Committees may be a helpful source of advice.
