Question

When do adults have decision-making capacity? What is the usual presumption? Explain

Answer 1

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