What does a capacity assessment involve under the AGTA?
The AGTA guiding principles state and adult is presumed to be capable of making decisions unless the contrary has been demonstrated. This means there must be some event or reason that triggers a capacity assessment. For example, a significant stroke or brain injury that results in a very noticeable impairment in a person’s ability to make decisions. Before any assessment the capacity assessor must consult with a physician who evaluated the adult to rule out all temporary or reversible medical conditions (e.g. infections, depression) that may impact the adult’s ability to make decisions. The assessor must then meet with the adult and explain the nature and purpose of the assessment, the significance of a finding of incapacity, and the adult’s right to refuse to be assessed. The assessment will be both cognitive (ability to think and solve problems) and functional (practical skills such as paying bills). The assessment will focus on only those areas where there is a valid reason to belie
