<aside>

• Autonomy =/= capacity
  • We still want to talk to incapable patients in private
• Every one has capacity until proven otherwise
• Capacity is decision-dependent → Assessed by whoever is providing the treatment
  • Incapable for A =/= Incapable for B </aside>

2 main components of decisional test capacity:

1. Capacity to Understand the treatment

   • basic understanding of what the treatment is supposed to do

     Someone need X

     

2. Capacity to Appreciate the consequences of treating vs not treating

   • see the outcome and how it applies to themselves

     I need X

     

     Quality of reasoning, not the reason itself

Different in each provinces

• BC: Everyone is an infant until 19
• Ontario: No age of consent to medical treatment (but clarify that there’s an age of consent for sex)