About Decision Making Capacity
Everyone has the right to make their own decisions or if needed the right to have support to make their own decisions. In some situations, this right must be balanced against the need to protect a person who cannot make a particular decision from harm to themselves or from exploitation by others.
Whether a person has decision-making capacity is decided according to the law. In different areas of life there are different legal test for whether a person has the capacity to make a decision. For example, the test for capacity to make a will is different from the test for capacity to make a medical decision. These tests also vary depending on the State or Territory.
A person with a disability or medical impairment can still have decision-making capacity.
While a person may have a disability or medical condition, this does not mean that they lack decision-making capacity (the ability to make a decision). For example, a diagnosis of Alzheimer’s disease or other dementia, mental illness, intellectual or other cognitive disability or acquired brain injury does not automatically mean a person cannot make their own decisions.
Just because you disagree with a decision does not mean the person who made it lacks decision-making capacity.