87When does a person have capacity to give informed consent?

87 When does a person have capacity to give informed consent?

(1) A person has capacity to give informed consent if the person—

(a) is able to understand the information they are given for the purpose of deciding whether or not to consent; and

(b) is able to remember that information; and

(c) is able to use or weigh that information in deciding whether or not to consent; and

(d) is able to communicate the decision the person makes by speech, gestures or any other means.

(2) The following must be considered in deciding whether a person has capacity to give informed consent—

(a) the person's capacity to give informed consent is specific to the particular decision that the person is making;

(b) the person's capacity to give informed consent may change over time;

(c) it should not be assumed that the person does not have capacity to give informed consent only because of the person's age, appearance, disability, condition or behaviour;

(d) it should not be assumed that the person does not have capacity to give informed consent only because the person makes a decision that could be considered unwise;

(e) whether the person may be enabled to give informed consent by providing the person with appropriate supports.

(3) In assessing whether a person has capacity to give informed consent, the person carrying out the assessment must take all reasonable steps to ensure that—

(a) the assessment is carried out at a time, and in an environment, that the capacity of the person being assessed can be determined most accurately; and

(b) the person being assessed is provided with appropriate supports to enable the person to give informed consent.

Part 3.3—Treatment