What is capacity?

Capacity is a person's ability to make a specific decision, such as consenting to treatment, managing money or making a will. A 2016 review in the Annals of Indian Academy of Neurology explains that clinicians assess capacity for a particular decision, while competency is a broader legal finding made by a judge. Dementia can affect capacity, but a diagnosis alone doesn't settle the question.

Often, especially early on. The Alzheimer's Association defines legal capacity as the ability to understand and appreciate the consequences of one's actions and make rational decisions. It says the person keeps the right to make their own decisions as long as they have legal capacity, and should take part in legal planning while they can. The level needed can vary from one document to another.

A clinician usually interviews the person directly with open-ended questions about the decision at hand. A 2016 review in the Annals of Indian Academy of Neurology names four abilities checked: understanding the information, communicating a choice, appreciating how it applies to them, and reasoning through options. Each assessment covers one specific decision, not the person's abilities in general. A simple cognitive test may be used alongside.

Possibly, if they still have testamentary capacity. A 2016 review in the Annals of Indian Academy of Neurology describes this as understanding what making a will means, the extent of their property, the consequences of their choices and who might expect to inherit. It is judged for the specific situation, and evaluators ask why the person wants to change an existing will. An elder law attorney can advise.

Yes, a person's ability to decide can vary from day to day. A 2016 review in the Annals of Indian Academy of Neurology says clinicians should take lucid intervals into account, and that capacity assessments are generally done over two or three sessions a few days apart to make sure answers are consistent. Clinicians are also urged to give the person enough time and information to decide.