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What principles are relevant to determining capacity generally?

  • Whether a person has capacity depends on the particular task that is being required of them. Some people might have capacity to do one thing but not another.
  • To assess capacity in a given scenario the following issues will be considered:
    • whether the person understands the facts involved in the decision making process;
    • whether the person understands the consequences of their actions and how it may affect them; and

whether the person in able to communicate clearly their decision

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