Determining Decision-Making Capacity in Patients with Cognitive Impairment
The ability to understand and retain information is the most important feature in determining decision-making capacity in a patient with cognitive impairment. 1
Framework for Assessing Decision-Making Capacity
Decision-making capacity is a prerequisite for valid informed consent and requires evaluation of four key abilities:
- Understanding: The patient's ability to comprehend information about their condition, proposed interventions, alternatives, and risks/benefits 1
- Appreciation: The patient's acknowledgment of their medical condition and potential consequences of treatment options 1
- Reasoning: The patient's ability to weigh risks and benefits and reach a consistent decision 1
- Choice: The patient's ability to express a decision indicating a preferred treatment option 1
Application to the 93-Year-Old Patient
In this case, the patient presents with:
- Alzheimer's disease and recent decline in health
- Confusion and slow response to commands
- Diminished level of consciousness
While all these factors raise concerns about capacity, the primary determination must focus on his ability to understand and retain information, as this forms the foundation of decision-making capacity.
Clinical Approach to Capacity Assessment
When evaluating capacity in a patient with cognitive impairment:
- Presume capacity initially: Adults are presumed to have decision-making capacity until demonstrated otherwise 1
- Assess understanding directly: Ask the patient to explain in their own words the information you've provided 1
- Evaluate retention: Determine if the patient can remember the information long enough to make a decision 1
- Test information processing: Assess if the patient can use or weigh that information to make a decision 1
- Verify communication ability: Ensure the patient can communicate their decision by whatever means 1
Important Clinical Considerations
- Decision-making capacity is decision-specific and time-specific - a patient may have capacity for simple decisions but not complex ones 1
- Capacity may fluctuate, especially in patients with dementia, so timing the assessment appropriately is important 1
- Capacity assessment should be proportionate to the risks involved in the decision 1
- The presence of Alzheimer's disease does not automatically mean lack of capacity 1
Common Pitfalls to Avoid
- Assuming incapacity based on diagnosis: The presence of Alzheimer's disease alone doesn't determine capacity 1
- Relying solely on physical status: Ability to ambulate, food intake, blood pressure, or hydration status are not determinants of decision-making capacity 1
- Using only cognitive screening tests: The Mini-Mental State Examination alone is insufficient for capacity assessment 1
- Making all-or-none judgments: Avoid sweeping judgments about a person's "competence" 1
Practical Implementation
For this 93-year-old patient:
- Assess his understanding by providing simple, clear information about his current condition
- Verify if he can retain this information even briefly
- Determine if he can appreciate how this information applies to his situation
- Evaluate if he can reason through basic treatment options
- Confirm he can communicate a choice
If the patient cannot understand and retain information about his condition and care options, then a surrogate decision-maker (likely his daughter) would need to be consulted for medical decisions.