Decision-making capacity assessment

Decision-making capacity assessment

Decision-making capacity assessment

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Capacity Fundamentals - Consent's First Hurdle

  • Capacity is a clinical determination, assessed by a physician, that a patient can make a specific medical decision. It is task-specific and can fluctuate.
  • Competence is a legal state, determined by a judge in court. A person is presumed competent unless legally declared otherwise.
  • A patient must demonstrate four key elements to have decision-making capacity:
    • Understanding: Can they comprehend the medical information provided?
    • Appreciation: Can they grasp how that information applies to their own situation?
    • Reasoning: Can they weigh the risks and benefits to make a choice?
    • Communication: Can they express a clear and consistent choice?

⭐ A psychiatric diagnosis (e.g., schizophrenia, major depression) does not, by itself, equate to a lack of decision-making capacity. Assessment is always required.

The Four Pillars - CUARdian of Choice

A patient must demonstrate four key elements to have decision-making capacity, which is essential for valid informed consent. This clinical assessment is distinct from a legal competency determination.

📌 CUAR Mnemonic:

  • Communicate a Choice: The patient can clearly and consistently state their decision.
  • Understand Relevant Information: The patient can paraphrase the condition, proposed treatment, and primary risks/benefits.
  • Appreciate the Situation: The patient grasps how this information applies to their own medical reality and the likely consequences of their choice.
  • Reason about Treatment: The patient can use logical thinking to compare options and make a choice, even if it conflicts with the physician's recommendation.

⭐ Decision-making capacity is task-specific and can fluctuate. A patient may have capacity for one decision (e.g., accepting IV fluids) but not another (e.g., major surgery). It is not a global characteristic.

Assessment Workflow - The Capacity Checklist

A clinician's primary duty is to assess decision-making capacity for the specific choice at hand. This is a clinical judgment, not a formal psychiatric test. The process is guided by the four core pillars (CUAR).

  • Formal Consults:
    • Psychiatry: Consult for complex cases, underlying psychiatric illness impacting capacity, or when the clinician is uncertain.
    • Ethics Committee: Involve for unresolved conflicts between the clinical team, patient, and family.

⭐ A psychiatric diagnosis (e.g., depression, schizophrenia) does not automatically mean a patient lacks decision-making capacity. Capacity is task-specific and can fluctuate. Always assess for the specific decision at hand.

  • Fluctuating Capacity (e.g., Delirium): Capacity must be assessed during a lucid interval. Re-evaluate if mental status changes.
  • Psychiatric Illness: A psychiatric diagnosis alone does not equate to incapacity. Assess functional understanding, not just the diagnosis.
  • Refusal of Life-Saving Treatment: A capacitous patient has the right to refuse treatment, even if it leads to death. The priority is a thorough capacity assessment.

⭐ A patient's decision does not have to be "reasonable" or align with medical advice. The focus is on the process of their decision-making, not the choice itself.

  • Decision-making capacity is task-specific and can fluctuate; it's a clinical assessment, not a legal ruling.
  • Assessment requires the patient to communicate a choice, understand information, appreciate the situation, and use reasoning.
  • Capacity is not competence; competence is a legal determination made by a judge.
  • A psychiatric diagnosis (e.g., depression, schizophrenia) does not automatically negate capacity.
  • If capacity is lacking, defer to a surrogate decision-maker (e.g., healthcare proxy, next-of-kin).

Practice Questions: Decision-making capacity assessment

Test your understanding with these related questions

An 83-year-old man presents to the gastroenterologist to follow-up on results from a biopsy of a pancreatic head mass, which the clinician was concerned could be pancreatic cancer. After welcoming the patient and his wife to the clinic, the physician begins to discuss the testing and leads into delivering the results, which showed metastatic pancreatic adenocarcinoma. Before she is able to disclose these findings, the patient stops her and exclaims, "Whatever it is, I don't want to know. Please just make me comfortable in my last months alive. I have made up my mind about this." Which of the following is the most appropriate response on the part of the physician?

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Flashcards: Decision-making capacity assessment

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Patients typically get exposed to _____ radiation via nuclear reactor accidents or radiotherapy

TAP TO REVEAL ANSWER

Patients typically get exposed to _____ radiation via nuclear reactor accidents or radiotherapy

Ionizing

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