The concept of mental capacity

Communicating the decision

The ability to communicate is person specific – understanding how someone normally communicates is important so that you can take steps to communicate using their preferred method.

If someone can do all of the above, the likelihood is that they have capacity to make the specific decision. If they cannot do one (or more) of the above, then it is important to identify whether the person has an impairment or disturbance in the functioning of the mind or brain? You may need a clinician to identify this. The impairment could be either temporary or permanent (such as concussion or substance use) and there is no requirement in the law for a diagnosis.