How do I assess a patient's capacity?

ByDr Sissy Frank

Published12 June 2017

Dr Sissy Frank explains the steps to take when assessing a patient's capacity to make a decision regarding their treatment.

The inability to make a major or more complex decision does not mean that a person is unable to make a smaller or simpler decision.

A patient has the right to make a decision that you might disagree with or consider irrational or unwise.

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Dr Sissy Frank

Medico-legal adviser

Sissy trained in law in the US, graduating from Stanford University in 1990. She then changed careers and trained in medicine, obtaining an MD from Harvard Medical School in 1998 and completing her residency in paediatrics in 2001. She came to England in 2001 and completed further training in general practice, receiving her MRCGP in 2006. Before becoming an MLA, she worked as a GP partner in Kent.