Where used in this guideline, the term 'capacitous' is used to reflect the status of someone who has capacity to make decisions regarding their care and treatment - that is, those matters to which the Mental Capacity Act 2005 applies. This could be someone for whom there is no evidence to suggest the presumption of capacity should be displaced, or someone whose capacity to make decisions regarding their care and treatment has been formally assessed and who has been found to have capacity to make those decisions.