In a hospital, which statement best defines capacity and competence, and who determines each?

• A. Capacity is a patient’s current ability to understand and decide; competence is a legal determination made by a court; capacity is assessed by clinicians.
• B. Capacity is determined by the court; competence is determined by the patient.
• C. Capacity and competence are the same, decided by the hospital ethics committee.
• D. Capacity relates to financial decisions; competence relates to daily living abilities.

Answer: (A)