Capacity Laws: Capacity Criteria/Tests

Laws which regulate legal capacity usually contain criteria, sometimes referred to as a “test of capacity”

Capacity Criteria/Tests:

• Often (but not always) focus on cognition, and often contain the following requirements:
  • Ability to understand information that is relevant to making a decision
  • Ability to appreciate the reasonably foreseeable consequences of a decision or lack of decision
• Apply to many types of decisions, such as: health, property, personal care, making a will and contracts
• Differ depending on:
  • Type of decision
  • Specific law that governs the decision
  • Jurisdiction