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Is capacity different from competency
What is capacity, who evaluates for capacity, when is it evaluated, and how is it different from competency?
Capacity—the patient’s ability to make a medical decision—is evaluated by the physician who is rendering the intervention and its evaluation should be part of every informed consent process (i.e., every medical decision) to varying degrees, based on the complexity and potential consequences of the decision.
The patient may have capacity for some simple decisions (e.g., starting an antidepressant) but lack capacity for more complicated decisions (e.g., surgical interventions).
In contrast, competency is a legal term for the ability to participate in legal proceedings (e.g., stand trial) and is determined by a judge, sometimes based on evaluations by physicians.
Sources
Malloy PF, Cummings JL, Coffey CE, et al.: Cognitive screening instruments in neuropsychiatry: a report of the Committee on Research of the American Neuropsychiatric Association. J Neuropsychiatry Clin Neurosci 9:189-197, 1997.
