Mental Health Capacity Assessment Toolkit Overview
Mental Health Capacity Assessment Toolkit Overview
Mental Health Capacity Assessment Toolkit Overview
Primary Care:
Capacity
Assessment
Learning Objectives
At the completion of this module, the learner will be able to:
1. Describe the meaning of capacity assessment and its key elements.
2. Understand approaches to capacity assessment and risk identification.
3. Apply knowledge of capacity assessment using case studies.
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Table of Contents
Capacity: What is it?
Page 4
Page 5
Page 6
Relevance
Page 8
Points to Remember
Page 8
Page 9
Measuring Capacity
Page 9
Page 10
Risk vs Capacity
Page 11
Legislation
Page 13
Page 14
Additional Resources
Page 15
Reference List
Page 16
Page 18
Page 22
Page 25
Page 28
Page 31
Page 33
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Capacity Assessment
Introduction
Assessing a patients decision-making capacity is part of every patient encounter.
For the most part the process is spontaneous and straight forward. Through
dialogue, the clinician is able to confirm that the patient understands their health
situation and options for care.
In recent years, some important socio-demographic changes have made capacity
assessment more prominent. Our population is aging and the prevalence of
cognitive deficits, dementia and co-morbidities has increased. The cognitive and
physical changes that are occurring in the aging population are linked with declines
in every-day functioning that includes the loss of decision-making skills. As a
result, there are times when there is a need to assess a patients decision-making
capacity more thoroughly.
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Ability
Ability
Ability
Ability
to
to
to
to
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What do you believe would happen to you if you decided not to have this
treatment/diagnostic test?
3. Ability to reason
This is the ability to consider potential solutions to problems by:
describing how a solution would affect his or her everyday life.
demonstrating how one solution is better in comparison to another.
demonstrating logical thought processes in determining a choice.
Probing questions that can be used to determine:
Tell me how you reached your decision to have (or not have) this
treatment/diagnostic test?
What things were important to you in making this decision?
4. Ability to communicate and express a choice
This is the ability to render a clear choice for the decision under consideration. This
choice should be consistent with:
Expressed beliefs and values.
Previous decisions and actions.
Cultural or religious beliefs.
This ability is often preserved despite impairments in the other decision-making
abilities.
Probing questions that can be used to determine:
You have been given a lot of information about your condition/situation.
Have you decided what option is best for you?
Have you made a decision about which treatment you want to proceed with?
A reference tool outlining these decision-making abilities and probing questions is
included in this toolkit (Appendix A).
(Lai & Karlawish 2007, Ganzini et al 2005, Moye et al 2004,Moye & Marson 2007, Qualls & Smyer 2007, Tunzi 2001 )
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Incapacity is often reversible. Illness can temporarily impair capacity and it can be
regained upon recovery. If a person appears incapable, the clinician should
determine whether reversible factors are present.
Medical conditions which could temporarily impact capacity include:
Infection eg. pneumonia, UTI, influenza, herpes zoster
Endocrine disorders eg. diabetes, hypothyroidism, hyperthyroidism
Cardiovascular disease, hypertension
COPD
Obstructive sleep apnea
Disturbances in fluid/electrolyte balance eg. renal disease, dehydration,
malnutrition
Chronic pain
Adverse effects of medication
Delirium
Mental health issues eg. Depression, psychosis.
Assessments should be focused on enhancing independence and allowing people to
make decisions where possible. Recent research has demonstrated that most
individuals in the earliest stages of dementia would not be deemed incapable and
should be encouraged to participate in decision-making. There is evidence that
many patients with more moderate Alzheimers Disease can continue to express a
choice when presented with two relatively simple options.
Retrospective studies have revealed that families recognize signs of declining
cognitive abilities approximately one year before seeking medical evaluation.
Typically, help is sought when safety is a concern.
(Etchells et al 1996, Ganzini et al 2003, Ganzini et al 2005, Ministry of the Attorney General 2005,
Qualls & Smyer 2007)
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May be able to make decision regarding having the flu vaccine but unable to
consent to surgery.
Capacity assessment focuses on the specific abilities that an individual needs to
make a decision regarding a specific decision/situation.
i.e medical care decisions, managing money, personal care decisions, driving a
car, moving to LTCH
The seriousness of a decision does not always correspond with the complexity of
the decision.
Factors that influence the complexity of a decision include:
Number of choices available.
Number and variety of potential consequences to be considered for each
option.
Degree of uncertainty about the chance of encountering each outcome.
(Ganzini et al 2003, Ganzini et al 2005, Ministry of the Attorney General 2005, Tunzi 2001, Zayas et al 2005)
RELEVANCE
A declaration of incapacity removes a fundamental freedom and right to make
choices for oneself. People should only be declared incapable when it has been
firmly established that they lack the ability to make decisions or are at serious risk
(Silberfeld & Fish 1994, Qualls & Smyer 2007)
because of their incapacity.
POINTS TO REMEMBER
Capacity is an essential component of valid consent.
Capacity is NOT a test result or a diagnosis.
Capacity deals with the process of decision-making and does not depend on
the actual choice made.
Capable people are able to make rational decisions, based on their values,
goals, knowledge and understanding of the issues facing them they have
the ability to identify and accept risks.
Capacity is not a single ability that people have or not have we use different
abilities to make different kinds of choices capacity is task-specific.
Assessing capacity requires a consideration of the whole person it is not
related to an illness, diagnosis or living situation. Eg. Living in a LTCH does
not make an individual globally incapable
Need to balance autonomy (self-determination) and beneficence (protection)
(Cooney et al 2004, Etchells et al 1996, Ganzini et al 2003, Moye & Marson 2007, Qualls & Smyer 2007)
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MEASURING CAPACITY
There is no single assessment tool for capacity. However, as a minimum, clinicians
need a reliable and valid process as capacity is a multi-dimensional concept (Cooney et
al 2004, Etchells et al 1996, Ganzini et al 2003, Gregory et al 2007). Generally speaking, capacity
assessment builds on the principles and techniques of good geriatric assessment, in
which the process is tailored to the educational, cultural, psychological, social and
sensory characteristics of the person being assessed (Qualls & Smyer 2007).
Capacity assessment should only be performed if it serves the best interests of the
person the assessment should not be performed to serve the interests of others.
There is no evidence that scores from standard tests of cognitive ability are a
reliable indicator of capacity, partly because they are language-based and
influenced by education, culture & language. Most measures of cognitive status do
not evaluate cognitive functions such as judgment and reasoning, which are
relevant to capacity. These can be used as screening tools to help inform a clinical
capacity assessment but should not be used in isolation. A comprehensive
assessment of the patient should always be undertaken.
(Cooney et al 2004, Etchells et al 1996, Ganzini et al 2003, Gregory et al 2007)
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These are included to increase your awareness of available resources and are not
endorsed by the author of this toolkit.
Aid to Capacity
Evaluation (ACE)
Semi-structured interview
Addresses 6 facets of capacity for a medical decision:
medical problem
treatment
alternatives to treatment option of refusing treatment
ability to perceive consequences of accepting or refusing
ability to make decision, not based on depression or delusions
copy of ACE and case study using ACE tool are included in
this toolkit (Appendix B and Appendix C).
available: www.utoronto.ca/jcb/_ace
(Etchells et al 1996)
Capacity Assessment
Tool (CAT)
Structured interview
The specific use of this tool is to assess capacity to choose
between two options in an actual treatment situation.
Evaluates capacity based on 6 abilities:
communication
understanding choices
insight
decision/choice process
comprehension of risks and benefits
judgment
Assessment of Capacity
for Everyday DecisionMaking (ACED)
Carney, M.T., Neugroschl, J., Morrison, R.S., Marin, D., & Sui, A.L. (2001). The
development and piloting of a capacity assessment tool. Journal of Clinical Ethics,
12(1), 17-23.
Semi-structured interview
MacArthur Competence
Assessment Tool
Treatment
(Mac-CAT-T)
Semi-structured interview
Assesses and rates patients abilities related to four standards for
competence to consent to treatment:
understanding
appreciation
reasoning
expressing a choice
Grisso, T. & Applebaum, P.S. (1998). Assessing Competence to Consent to
Treatment. New York: Oxford University Press
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Identifying risk
As a clinician, you will have patients who are living at risk. Questions to consider in
identifying risk include:
Is there concrete evidence to suggest a person is at risk of harm to
themselves or others?
Is the risk actual (is the problem happening now?) or potential (could the
problem happen in the future)?
Worksheets to assist with the identification of risks are included in this toolkit
(Appendix D).
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Level of Risk
Geriatrician, Dr. Karen Fruetel has developed a model for considering levels of risk.
In some situations, risk within a domain may be tolerable up to some point.
However, beyond this identified level, the risk becomes intolerable.
Nutrition
Medication Compliance
Forgetting to eat
Rotten food
Unable to access food
_ _ _ _ _ _ _ _ _ _ _ _ threshold for
risk
Inappropriate food
Eats in restaurant
Dr. Fruetel has developed a Patient Risk Assessment Framework. It can be used to
guide the clinician through the process of identifying patient risks and is included in
this toolkit (Appendix D)
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LEGISLATION
In Ontario, there is legislation which impacts capacity assessment.
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Additional Resources
1. Educational slide deck on Capacity Assessment
- For Primary Care Inter-Professional Team
- Contact Donna Scott, GIIC Resource Consultant
Telephone : 519-685-4292 Ext. 42337
Email : donna.scott@sjhc.london.on.ca
2. Case Studies
Two case studies are provided in this toolkit and can be used to apply
knowledge and understanding of capacity assessment (Appendix F).
3. Knowledge Test - Test Your Understanding
included in this toolkit (Appendix G)
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Black, Kathy and Osman, Hana. (2005). Concerned about client decision-making capacity?
Considerations for Practice Care Management Journals, 6 (2), 50-55.
Carney, M.T.., Neugroschl, J., Morrison, R.S., Marin, D., & Sui, A.L. (2001).
The development and piloting of a capacity assessment tool. Journal of Clinical
Ethics, 12(1), 17-23.
Cooney, L., Kennedy, G., Hawkins, K., & Hurme, S.(2004). Who can stay at home? Assessing
the capacity to choose to live in the community. Arch Intern Med , 164:357-360
Etchells, E., Sharpe, G., Elliott, C., & Singer, P.A. (1996). Bioethics for clinicians: 3. Capacity.
CMAJ 155: 657-661.
Ganzini, L., Volicer, L., Nelson, W., & Derse, A. ( 2003). Pitfalls in Assessment of DecisionMaking capacity. Psychosomatics 2993; 44:237-243.
Ganzini, Linda, Volicer, Ladislav, Nelson, William A., Fox, Ellen, and Derse, Arthur R. (2005).
Ten myths about decision-making capacity. Journal of the American Medical Directors
Association, 6( 3), S100-S104.
Gregory, R., Roked, F., Jones, L., and Patel, A. (2007). Is the degree of cognitive impairment in
patients with Alzheimer's disease related to their capacity to appoint an enduring power of
attorney? Age & Ageing, 36(5), 527-31.
Grisso, T. & Applebaum, P.S. (1998). Assessing Competence to Consent to
Treatment. New York: Oxford University Press.
Gurrera, Ronald J., Karel, Michele J., Azar, Armin R., and Moye, Jennifer. (2007). Agreement
between instruments for rating treatment decisional capacity. American Journal of Geriatric
Psychiatry , 15 (2), 168-173.
Lai, James M and Karlawish, Jason. (2007). Assessing the capacity to make everyday
decisions: a guide for clinicians and an agenda for future research American Journal of Geriatric
Psychiatry ,15 (2), 101-111.
Lai, James M., Gill, Thomas M., Cooney, Leo M., Bradley, Elizabeth H., Hawkins, Keith A.,
& Karlawish, Jason H. (2008). Everyday Decision-Making Ability in Older Persons With
Cognitive Impairment. American Journal of Geriatric Psychiatry, 16(8), 693-696.
.
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Ministry of the Attorney General. The Capacity Assessment Office: Questions and Answers.
http://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/capacityoffice.pdf.
Moye, Jennifer, Karel, Michele J., Azar, Armin R., and Gurrera, Ronald J. (2004). Capacity to
consent to treatment: empirical comparison of three instruments in older adults with and without
dementia. Gerontologist, 44( 2), 166-175.
Moye, J. and Marson, D. C. (2007). Assessment of decision-making capacity in older adults: an
emerging area of practice and research. Journals of Gerontology , 62B(1), 3-11.
Ontario Ministry of the Attorney General. (2000). A Guide to the Substitute Decisions Act.
Toronto, ON: Publications Ontario. Retrieved from:
http://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/sdaact.asp.
Ontario Ministry of the Attorney General. (2005). Guidelines for Conducting Assessments of
Capacity. Toronto, ON: Capacity Assessment Office. Retrieved from:
http://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/capacity/2005-06/guide-0505.pdf.
Qualls, Sara & Smyer, Michael. (2007). Changes in decision-Making Capacity in Older Adults:
Assessment and Intervention. Hobeken, New Jersey: John Wiley & Sons, Inc.
Silberfeld, Michel & Fish, Arthur. (1994). When the mind fails: a guide to dealing with
incompetency. Toronto, ON: University of Toronto Press.
Straus, S., & Stelfox, T. (2007) .Whose life is it anyway? Capacity and consent in Canada
CMAJ: Canadian Medical Association Journal 2007 Nov 20; 177(11): 1329 (2 ref).
The Dementia Network of Ottawa. (2003). A Practical Guide to Capacity and Consent Law of
Ontario for Health Practitioners Working with people with Alzheimer Disease. Ottawa, ON:
Author.
Tunzi, M. (2001). Can the patient decide? Evaluating patient capacity in practice. American
Family Physician, 64(2), 299-306.
Zayas, L. H., Cabassa, L. J., and Perez, M. C. (2005). Capacity-to-consent in psychiatric
research: development and preliminary testing of a screening tool. Research on Social Work
Practice , 15(6), 545-56
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2. When a patient goes against medical advice, you can presume that they
lack decision-making capacity.
3.
4. Patients with some levels of cognitive impairment may still have decisionmaking capacity.
Recommended reading:
Ganzini, Linda, Volicer, Ladislav, Nelson, William A., Fox, Ellen, and Derse, Arthur R. (2005).
Ten myths about decision-making capacity. Journal of the American Medical Directors
Association, 6( 3), S100-S104.
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