2024 State Conference

Our lives unfold based on decisions made collaboratively or individually with variable sensitivity to the benefits and risks of the things we choose to do (or not do). The way we understand and respond to risk and benefit is often referred to as "capacity," "capability," or "competency," but what principles or presumptions underlie those ideas? When do attorneys consider "testamentary capacity" or "contractual capacity?" How do definitions of decisional capacity in medicine challenge or enhance our understanding of these legal concepts? This session will explore what it means to "have capacity." We'll explore the basics of legal capacity, informed consent and decision-making in this introductory discussion.

Objectives:
1. Following this presentation, participants will recognize terminology associated with discussions around capacity/capability/competency and informed consent.
2. Participants will distinguish between the levels of capability required for certain legal actions.
3. Participants will explore strategies that promote person-centered approaches to discussions regarding capability to accomplish various objectives.

CLE: 1.0 hour of Ethics CLE credit