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1. Fundamental elements of decision-making capacityinclude the following:
(1) Can the personmake and communicate, by spoken words or otherwise,
choices concerning his or her own life?
(2) Can the personoffer any reasons for the choices made?
(3) Are the reasons underlying the choice "rational"? That is, does the patient
start with a plausible premise about the facts surrounding a specific
situation and reason logically from that premise to a conclusion?
(4) Is the person able to understand the implications (i.e., the likely risks and
benefits) of the choices that are made?
(5) Does the personunderstand the implications of those choices?
Capacity must be determined on a decision-specific basis. A
patient may be capable of making certain types of decisions
but not others.
Competencies:
1. Manage a minimum amount of money.
2. Handle emergencies.
3. Compensate for incapacities.
4. Adequately communicate.
5. Attend to personal hygiene.
6. Pursue daily life and make decisions concerning living arrangements.
7. Take care of own medical needs.
8. Maintain proper diet.
9. Maintain adequate mobility.
10. Exercise adequate judgment in situations where needs and wishes are at odds with safety.