Capacity for Decision Making
Capacity for decision-making refers to the ability of an individual to understand, evaluate, and communicate choices regarding personal, financial, legal, and medical matters.
In the Australian Capital Territory (ACT), the concept of capacity for decision-making is an important aspect of legal and healthcare considerations.
Capacity for decision-making refers to the ability of an individual to understand, evaluate, and communicate choices regarding personal, financial, legal, and medical matters. In the ACT, the assessment of a person's capacity is guided by several key principles:
Presumption of Capacity: Every adult is presumed to have the capacity to make their own decisions unless proven otherwise.
Decision-Specific Assessment: Capacity is assessed about the specific decision at hand, meaning a person may have the capacity to make some decisions but not others.
Support to Make Decisions: Efforts must be made to support individuals in making decisions before they are deemed to lack capacity. This can include providing information in accessible formats or allowing more time for decision-making.
Best Interests: If a person is found to lack capacity, any decisions made on their behalf should be in their best interests, considering their past and present wishes, values, and beliefs.
Least Restrictive Approach: Any intervention or assistance should be the least restrictive option necessary to meet the person's needs.
It's important to note that capacity is not static and can change over time. Assessments should be regularly reviewed, especially in cases of fluctuating conditions such as mental illness or dementia.
For detailed guidelines and legal specifics in the ACT please refer to the "Capacity Toolkit" by Legal Aid ACT. It likely provides comprehensive information on how capacity is determined in various contexts, including legal representation, healthcare decisions, and guardianship matters in the ACT.
