Keywords:
Introduction -- What is capacity? -- General points to consider -- 1. Identify the relevant legal test for capacity -- 2. Remember the key principles -- 3. Look for warning signs -- 4. If there are warning signs, conduct an initial capacity assessment by interviewing your client -- 5. If you continue to have doubts about capacity, obtain a formal capacity assessment from a medical practitioner -- 6. What if the client refuses to consent to the health report? -- 7. Consider the medical evidence and make a final judgment about the client's capacity to provide instructions for the particular legal transaction -- 8. As a last resort seek the appointment of a substitute decision-maker