In some jurisdictions, there are multiple definitions of capacity and which one applies depends on the context e.g. This legislation varies across jurisdictions and can be complex. In addition to the common law, each Australian State and Territory has guardianship and/or medical treatment legislation about capacity and consent. For example, in Re C (Adult: Refusal of Medical Treatment)the Court decided that a person’s mental illness did not affect his decision-making capacity in relation to life-sustaining treatment.Ĭapacity and consent by State and Territory For example, a person may have fluctuating capacity because of some forms of dementia or mental illness.Ĭapacity will be judged at the time a treatment decision is required. For more serious decisions, such as refusing life-sustaining treatment, the process of understanding, retaining and weighing the information (and risks involved) will be more complex than for more minor decisions, such as consenting to a flu vaccine.Īssessments of capacity are made in relation to the decision to be made so a finding of total incapacity is not common (except, for example, when a person is unconscious).Ī person’s capacity to make a decision can also change over time.
Can a person’s capacity be different for different decisions and change over time?Ī person may have capacity to make some decisions but not others.
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