ABSTRACT

Capacity is synonymous with competence and simply means the ability to do something. In a legal context it means the ability to make a decision, to enter into a transaction, to engage in an activity, or to exercise rights which may have legal implications not only for the individual concerned but also for others. For example: the capacity to make a will, a gift, or a contract; the capacity to consent to medical treatment or the capacity, generally, to manage one’s property and affairs.