In: Nursing
When do adults have decision-making capacity? What is the usual presumption? Explain
1. Decision making capacity:-
- determining whether or not subject is psychologically or legally
capable of adequate decision making.
- individual’s ability to make a
meaningful, informed decision.
- components of decision making capacity are as follow:-
(i) Understanding
(ii) Appreciation
(iii) Reasoning
(iv) Expression
- Assessment of decision making capacity is done by following
questions-
- The starting assumption should always be that the
person has capacity. The Act details a two-stage test
of capacity:
(a) Does the person have an impairment, or disturbance in the
functioning of their mind.
Example- mental confusion,drug or alcohol abuse.
(b) Does the impairment or disturbance determine that individual is
unable to make a specific decision.
2. Usual presumption:- it is a rule of law which requires that
the existence of a fact be taken as established when another fact
are established, unless and until a certain specified condition is
fulfulfilled.
- it is an idea that a fact/law is true.
- it can be -
rebuttable
Irrebuttable