![]() ![]() In addition to the common law, each Australian State and Territory has guardianship and/or medical treatment legislation about capacity and consent. For example, in Re C (Adult: Refusal of Medical Treatment)the Court decided that a person’s mental illness did not affect his decision-making capacity in relation to life-sustaining treatment.Ĭapacity and consent by State and Territory For example, a person may have fluctuating capacity because of some forms of dementia or mental illness.Ĭapacity will be judged at the time a treatment decision is required. For more serious decisions, such as refusing life-sustaining treatment, the process of understanding, retaining and weighing the information (and risks involved) will be more complex than for more minor decisions, such as consenting to a flu vaccine.Īssessments of capacity are made in relation to the decision to be made so a finding of total incapacity is not common (except, for example, when a person is unconscious).Ī person’s capacity to make a decision can also change over time. Can a person’s capacity be different for different decisions and change over time?Ī person may have capacity to make some decisions but not others. ![]()
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