An assessment of decision-making capacity is the accepted procedure for det
ermining when a person is not competent. An inferential gap exists between
the criteria for capacity specific abilities and the legal requirements to
understand relevant information and appreciate the consequences of a decisi
on. This gap extends to causal influences on a person's capacity to decide.
Using a published case of depression, we illustrate that assessors' uses o
f diagnostic information is frequently not up to the task of bridging this
inferential gap in a justifiable way. We then describe cases of faulty judg
ement which challenge the understanding of diagnostic causal influences. Th
ese cases help to clarify the nature of the expertise required for capacity
assessments. In practice, the requirements of decision-making capacity are
often abandoned to other considerations due to a lack of requisite experti
se. The legal policy supporting decision-making capacity as a means to prot
ective intervention is justified only if the requisite expertise is develop
ed. We propose the requisite expertise to be developed in the long term as
a distinct multidisciplinary endeavour.