Capacity

Background

• Capacity is the ability to understand the nature and effect of one’s acts
  • May have capacity in one moment and lack capacity in another
  • Does the patient have the ability to understand the nature and effect of his or her acts in a specific moment in time?
• The level of capacity needed to enter into legal documents, such as a durable power of attorney, contract, or a will, differs based upon the type of transaction
• Use to consent to medical procedures
• Mini mental status exam (MMSE) <19 are correlated with lack of capacity

Application

• For medical consent, does the patient have the ability to:
  • Communicate
  • Understand the medical procedure
    • Understand a description of the procedure, its risks, its benefits, and its alternatives?
  • Voluntarily consent?
  • Give consent because he or she is competent?

Also See

• Competence
• Emancipated minor