CAPACITY-INTRODUCTION (THE LAW)

SUMMARY

1. Capacity (synonym: competence) is the ability to understand legal rights and responsibilities and the possession of authority to make legal decisions. It is a one-time clinical judgement.

2. It is the ability to perform a specific task; a patient can therefore be competent to make some decisions, but not others.

3. All adults are presumed competent until proven otherwise.

4. The burden of proof lies with the person questioning competence (often the doctor).

5. It is recommended that the common law judgement Re C be used to determine competence.

6. A patient must therefore be proven incompetent before overriding his/her decision.

Reference(s)

Cifu, D.X. (2020). Braddom’s physical medicine and rehabilitation. Elsevier. Get it on Amazon.
Cuccurullo, S. (2019). Physical medicine and rehabilitation board review. New York: Demosmedical. Get it on Amazon.
O’Young, B., Young, M.A. and Stiens, S.A. (2008). Physical Medicine and Rehabilitation Secrets. Mosby. Get it on Amazon.