Capacity refers to a healthcare provider’s assessment of an individual’s ability to understand the significant benefits, risks and alternatives to proposed health care and to make and communicate a health care decision. Capacity differs from competency, which is a legal determination. Journalists should be aware not to use these terms interchangeably, since one has to do with medical decision-making and the other is specific to legal issues.
Deeper Dive
According to the National Library of Medicine, Capacity is defined as “a functional determination that an individual is or is not capable of making a medical decision within a given situation.” This is relative to the baseline abilities of the patient, and pertains only to the current situation. It also takes into consideration the severity of the possible consequences.
Competency is defined as “the ability of an individual to participate in legal proceedings.” Legal competence is presumed — to disprove an individual’s competence requires a hearing and presentation of evidence. Competence is determined by a judge. This legal determination is never determined by medical providers. If medical providers do not understand the terminology and their differences, it may contribute to patient harm or even legal action against providers, according to the NLM.