Capacity
Definition
The ability of a person to understand information relevant to a decision, retain it, weigh options, and communicate a choice. Capacity is decision-specific, not global, and can fluctuate. It is distinct from competence, which is a legal determination.
- Core elements
- Understanding, retaining, weighing, and communicating a decision.
- Decision-specific
- Capacity is assessed for each specific decision, not as a global trait. You might have capacity for one choice but not another.
- Temporary changes
- Intoxication and acute trauma can reduce capacity without permanently removing it.
Common questions
What's the difference between capacity and competence?+
Capacity is clinical: it's the practical ability to understand, retain, weigh, and communicate a decision at a specific moment. Competence is legal: it's a formal court determination about a person's overall decision-making authority. A doctor assesses capacity; a judge declares competence.
Can capacity change or fluctuate?+
Yes. Capacity is decision-specific and can change from moment to moment. A person intoxicated or in acute trauma may have reduced capacity temporarily, but it can return once the condition passes. A single injury or illness doesn't permanently erase capacity.
What does it mean to 'have capacity' for a decision?+
It means you can understand the relevant information, remember it, weigh the options, and communicate your choice clearly. This is the standard forensic and clinical professionals use when assessing whether someone can make informed decisions about medical treatment, consent to an examination, or other critical matters.
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Explained in these topics
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