Is feeling left out? The role of emotion in decision-making and capacity

The introduction of the Assisted Decision Making (Capacity) Act in Ireland and developments in capacity law elsewhere prompt further consideration of our understanding of capacity and how we assess it.

This is a perspective piece on the role of emotion in the decision-making process, and how this impacts on our understanding of capacity. Both normal and pathological emotional states are reviewed in terms of their influence on decision-making. Capacity assessments are then considered, and whether sufficient account is taken of emotions here.

The paper considers whether we need to change the legal test for capacity to take sufficient account of emotions, based on the foregoing discussion.

Finally the paper makes recommendations for supporting capacity in light of our knowledge of the impact of emptions on decision-making.