22nd August 2024

A 64-year-old man has suffered from an anterior circulation stroke which has resulted in significant weakness

A 64-year-old man has suffered from an anterior circulation stroke which has resulted in significant weakness of the right hand and leg, unsteadiness and a degree of aphasia. He has been on the acute stroke unit for two weeks now and following the stroke his admission has been complicated by an aspiration pneumonia. He has improved significantly and is on his final day of antibiotics. His daughters ask you to assess his capacity to make decisions as they want to activate his Lasting Power of Attorney and sell his house in order to fund a nursing home. When you go to see the patient, he has just finished a session with the physiotherapists and is lying in bed. You ask him questions several times to assess his capacity to make a decision regarding selling his house. He seems to understand some parts of the conversation and at one point says “sell it”, however does not understand some of the complexities you are discussing. During the conversation he also drifts off to sleep and he does not seem to have retained the information when he wakes up. What is the most appropriate action regarding this patient’s capacity assessment?

Select the SINGLE most appropriate option from the list below. Select ONE option only.