Capacity
Capacity
Nancy Weintraub, MD, FACP
Professor of Medicine, UCLA
Director, UCLA Geriatric Medicine Fellowship
Director, VA Special Advanced Fellowship in Geriatrics at GLA VA
What is Decision Making Capacity?
The ability to make rational decisions
Can be medical decisions, financial decisions, placement decisions, etc.
Decision specific
Sliding scale: Decisions with greater potential for harm may require a higher level
of capacity
Who Decides?
All physicians can judge a patient's capacity
to make decisions
Psychiatric and neurologic consultation may
be helpful
Evaluation for patients who speak a language
other than English requires an interpreter
How?
Ability to
communicate
Ability to
understand
the proposed treatment and alternative interventions
Ability to
appreciate the consequences
of accepting or declining the
suggested treatment
Ability to make a choice and to
explain the rationale
for their choice
Communicate
Need to pursue all possible means to communicate, e.g.
Translator
Hearing Aides or Pocket Talker
Pen and Paper
Braille
Yes/no questions in person who is intubated
Understand
What’s wrong?
How can we treat it?
Tell me the options
Tell me the outcomes of each option
Appreciate
Acknowledge the problem (possess insight)
Manipulate the information
Be able to explain the underlying medical (or other) problem and
why it occurred
Explain why certain courses of treatment are recommended
Make a Decision
Inability to decide may indicate lack of capacity
Frequent changes of decision may indicate lack of capacity
Poor memory does NOT necessarily mean lack of capacity
Ability to explain the Rationale
Importance of PROCESS of decision making
NOT the decision
Patients are allowed to make bad choices
Capacity may be limited by internal and external factors.
Capacity may be gained or lost. May require re-evaluation
Clinical maneuvers may enhance capacity:
Depression -> pharmacologic or talk therapy
Delirium -> remove medications, treat disease, timing
Somnolence -> remove medications, treat disease
Psychosis -> pharmacologic therapy
Cultural misconnection -> recognize, consider match
Capacity
vs.
Competence
Competence and
incompetence are legal
terms, implying actions of a
court of law.
Capacity is specific to the
medical (or other) decision
at hand, decision made by a
physician
Capacity to Consent
Ability to
communicate
Ability to
understand
the proposed treatment and alternative interventions
Ability to
appreciate the consequences
of accepting or declining the
suggested treatment
Ability to
explain the rationale
for their choice
Ability to make rational decisions is crucial for medical, financial, and placement choices. Evaluating communication, understanding treatment options, appreciating consequences, and decision-making skills are vital components in determining decision-making capacity in patients. The process involves assessing the ability to communicate effectively, understand treatment implications, appreciate outcomes, and make informed decisions. Lack of capacity may be indicated by an inability to decide or frequent changes in decisions, while memory issues do not necessarily signify a lack of capacity. It is essential to focus on the decision-making process rather than solely the outcome.
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Presentation Transcript
Capacity Nancy Weintraub, MD, FACP Professor of Medicine, UCLA Director, UCLA Geriatric Medicine Fellowship Director, VA Special Advanced Fellowship in Geriatrics at GLA VA
What is Decision Making Capacity? The ability to make rational decisions Can be medical decisions, financial decisions, placement decisions, etc. Decision specific Sliding scale: Decisions with greater potential for harm may require a higher level of capacity
Who Decides? All physicians can judge a patient's capacity to make decisions Psychiatric and neurologic consultation may be helpful Evaluation for patients who speak a language other than English requires an interpreter
How? Ability to communicate Ability to understand the proposed treatment and alternative interventions Ability to appreciate the consequences of accepting or declining the suggested treatment Ability to make a choice and to explain the rationale for their choice
Communicate Need to pursue all possible means to communicate, e.g. Translator Hearing Aides or Pocket Talker Pen and Paper Braille Yes/no questions in person who is intubated
Understand What s wrong? How can we treat it? Tell me the options Tell me the outcomes of each option
Appreciate Acknowledge the problem (possess insight) Manipulate the information Be able to explain the underlying medical (or other) problem and why it occurred Explain why certain courses of treatment are recommended
Make a Decision Inability to decide may indicate lack of capacity Frequent changes of decision may indicate lack of capacity Poor memory does NOT necessarily mean lack of capacity
Ability to explain the Rationale Importance of PROCESS of decision making NOT the decision Patients are allowed to make bad choices
Capacity may be limited by internal and external factors. Capacity may be gained or lost. May require re-evaluation Clinical maneuvers may enhance capacity: Depression -> pharmacologic or talk therapy Delirium -> remove medications, treat disease, timing Somnolence -> remove medications, treat disease Psychosis -> pharmacologic therapy Cultural misconnection -> recognize, consider match
Capacity vs. Competence
Competence and incompetence are legal terms, implying actions of a court of law. Capacity is specific to the medical (or other) decision at hand, decision made by a physician
Capacity to Consent Ability to communicate Ability to understand the proposed treatment and alternative interventions Ability to appreciate the consequences of accepting or declining the suggested treatment Ability to explain the rationale for their choice
