Tuesday, 1 December 2020
The Capacity Toolkit and Guidelines is designed to equip lawyers with information and practical resources to help ensure that their clients are empowered to engage in legal processes in a way that supports their inherent human rights and dignity.
There is no single legal definition of capacity. The definition depends upon the type of decision being made. There are a variety of legal tests of capacity that are always assessed by reference to the capacity to do something, such as enter into a contract, make a will, or provide instructions to a lawyer.
The Guidelines will help legal practitioners ascertain whether a client has capacity for the type of decision being made. They will help practitioners make reasonable adjustments when necessary to support clients to give meaningful instructions, understand their legal rights and options, and participate in legal processes relating to them.
The Toolkit provides useful resources if you have concerns about the ability of an adult to make decisions for themselves. You may need to assess, or seek an assessment of, a person's capacity in your personal or professional life.