The ability to make a specific decision at a specific time. Under the Mental Capacity Act 2005 (England and Wales), a person is assumed to have mental capacity unless there is evidence otherwise. Capacity is decision-specific — a person may have capacity to make some decisions but not others. If a clinical team believes a patient lacks capacity for a particular decision, they are required to act in that person’s best interests, consulting family members and those close to the patient as part of that process. Family views are taken seriously but do not override clinical judgement unless the person has a valid Lasting Power of Attorney or Advance Decision in place. Co-survivors may find themselves involved in best interests discussions when their loved one is sedated or has cognitive impairment following cardiac arrest.
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