A person must prove that they have decision-making capacity, otherwise they cannot make medical treatment decisions.
No. The law ‘presumes’ that a person has capacity unless there is reason to believe they do not. If a family member advises that an aged care resident does not have capacity, the residential aged care facility should take steps to be satisfied of this. This could be done, for example, through a capacity assessment conducted by a medical practitioner with expertise in capacity assessment.
A person is able to make their own treatment decisions and provide valid consent so long as they meet the legal test for decision-making capacity discussed in the factsheet.