This term is often used when talking about a person’s ability to make decisions for themselves and to understand the consequences of those decisions. Capacity should be presumed for all people unless it is proved that they have ‘lost capacity’. Advanced age or a diagnosis of dementia does not necessarily mean a person has diminished capacity.

A trusted person can be appointed to support the decision-making of someone with diminished capacity. A person can also nominate, or have appointed, a substitute decision-maker in the event that they no longer have capacity. Find out more about capacity