Capacity to consent
Capacity to consent is the ability to understand a medical decision, weigh consequences and express a free, stable choice.
In Swiss medical law, valid consent requires capacity for the specific decision at the relevant time. A person must understand essential information, appreciate consequences, reason about options and communicate a choice. Capacity is presumed in adults but may be limited by illness, intoxication, cognitive impairment or acute stress; minors may be capable for particular treatments. Assessment is task-specific, not a general status label. If capacity is absent, treatment may rely on an advance directive, a legal representative, statutory substitute decision-making or emergency necessity.