Nursing Seminar - Determining Capacity

Determining Whether a Person is Capable With Respect to a Treatment

The test for whether a person is capable with respect to a treatment is defined in s. 4(1) HCCA:

4(1) A person is capable with respect to a treatment, admission to a care facility or a personal assistance service if the person is able to understand the information that is relevant to making a decision about the treatment, admission or personal assistance service, as the case may be, and able to appreciate the reasonably foreseeable consequences of a decision or lack of decision.

A person may be capable with respect to one treatment and incapable with respect to another at the same time. (s. 15(1) HCCA)
A person may be incapable with respect to a treatment at one time and capable at another. (s. 15(2) HCCA)