Table 3.
Frequency of various issues in respect to which capacity was contested.
| Nature of issue(s)a in respect to which capacity was contested | N | Percent of cases |
|---|---|---|
| Residence | 17 | 42.5% |
| Care | 15 | 37.5% |
| Litigation capacity | 12 | 30% |
| Contact | 10 | 25% |
| Property and affairs | 8 | 20% |
| Medical treatment: physical health (excluding obstetric/reproductive) | 6 | 15% |
| Sexual relations | 5 | 12.5% |
| Other issue | 5 | 12.5% |
| Medical treatment: obstetric/reproductive health | 4 | 10% |
| Power of attorney | 3 | 7.5% |
| Marriage | 3 | 7.5% |
| Testamentary capacity | 2 | 5% |
| Medical treatment: mental healthb | 1 | 2.5% |
a
In 27.5% cases (n = 11) capacity was contested in relation to a single issue, while in 72.5% cases (n = 29) there were multiple issues in respect to which capacity was contested.
b
The case pertaining to medical treatment of mental health dealt with treatment of anorexia nervosa including involuntary feeding and is also coded under the medical treatment of physical health category.