Under the law, you must presume that every adult has capacity. Sometimes you may be the person who decides whether another person has capacity. Generally, when a person has capacity to make a particular decision they can:
• understand the facts and the choices involved
• weigh up the consequences, and
• communicate the decision.
However, for some decisions there is a specific legal test for capacity. When you are assessing a person’s capacity to make any of these decisions you must consider the particular matters outlined in the legal test. The test you use depends on the legal area to which the decision relates.