We regularly undertake detailed capacity assessments which comply with both generic NICE recommendations (NICE, 2018) and brain injury specific recommendations regarding the frontal lobe / knowing-doing paradox (George & Gilbert, 2018). Capacity assessment questions include the following:
- Capacity to engage in litigation
- Capacity to marry
- Capacity to write a testamentary will
- Capacity to manage financial affairs (small everyday matters & management of interim payments & settlement monies)
- Capacity to engage in sexual relationships
- Capacity to make decisions regarding contact
- Capacity to consent to accommodation and care
- Capacity to make health and welfare decisions