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