Capacity and consent

Abstract

In this article, conceptual issues relating to a patient’s decision-making capacity and its assessment are discussed from an ethical perspective. Different proposed standards for the assessment of capacity are discussed, the issue of the risk-relativity of capacity is analysed, and the proper role of tests and instruments to assess capacity is addressed. Attention is paid to underestimated aspects within the current dominant approach towards capacity (assessment), and alternative directions that are critical to the model of decision-making that underlies the dominant approach are suggested.