Capacity

You have the right to make choices about your medical treatment and put legal agreements into place to ensure that your wishes are followed.

In Australia, the law recognises a person's right to control their own lives. People are presumed to have the capacity to make decisions for themselves unless proven otherwise.

'Capacity' is a person's ability to:

  • understand the nature and effect of decisions
  • freely and voluntarily make decisions
  • communicate those decisions in some way.

'Impaired capacity' is when a person can't do these things.

Impaired decision-making capacity may be due to an intellectual disability, acquired brain injury, mental illness, dementia or some other cause.

An appropriately qualified health professional can determine impaired capacity.

Read more about capacity.