Consent and capacity – considerations for the dental team part 2: adults lacking capacity

Dentists must gain consent from their patients for examination and treatment. However, when faced with situations where patients either lack capacity, or their capacity is questioned, the dental team should be aware of the legal and ethical considerations involved in assessment of capacity and acting in a person's best interests. Where an adult lacks capacity to consent for treatment, this should not become a barrier to provision of care. Clinicians should be aware of the processes and procedures involved, including where onward referral or involvement of other professional bodies may be indicated.

Capacity is the ability of an individual to make a particular decision.¹ Capacity is decision and time specific, and is determined by the type of decision, understanding of consequences, and ability to weigh up options.

A person may not have capacity for complex decisions or those with serious consequences, but can be perfectly able to make choices related to daily living, for example meals, activities, clothing and recreational activity.