Features of Legal Capacity
- Not ‘all or nothing’
- Time-specific
- Decision-specific
- Having a disability does not equate to incapacity
- Some laws specify explicitly that a person’s way of communicating is not relevant for deciding whether they are capable
- Right to make ‘bad decisions’
- Capacity can be maximized
- For example, by involving support people, using strategies such as clear, every day language, or using tools such as picture displays