For Individuals

For Health Professionals

For Legal Professionals

What is Capacity?

A person is said to have the mental capacity to make a decision when they can: 

  • understand the information and choices presented to them;
  • weigh up the information to determine what the decision will mean for him or her; and
  • then communicate their decision.

In NSW, the law assumes that everyone has the mental capacity to make their own decisions. However, sometimes a person may not have the capacity or ability to make decisions.