The idea behind accommodation is that a person who is unable to perform
a particular function due to a disability, will, in most cases, be able to
perform that function adequately if they are provided with the proper
assistance or accommodation. The obvious example would be providing
wheelchair ramps to allow persons who, due to a disability, could not
otherwise get from point A to point B if doing so involved climbing stairs.
This principle applies to capacity in the same way it applies to physical
disabilities. Clients who have difficulty understanding or processing
information should be provided with whatever accommodation they need
to improve their ability to understand and appreciate the information
relevant to their legal matter. Accommodation may be simple, such as
speaking clearly, providing written material in plain language, frequent
repetition, or giving a client extra time to absorb information and make
decisions. In some cases more complex forms of accommodation may be
required.
Supported decision making is a form of accommodation specific to
persons with capacity issues. The idea is that an individual or small group
of individuals who know a person well assist that person by helping them
absorb and process information in a manner that is familiar to them, by
communicating the information to them using the terms or gestures that
the person in question understands. One example in which supported
decision making may work well is a case where a client has a
communication disability and therefore has difficulty expressing
themselves in a manner that anyone other than those close to them can
understand. In such a case, support persons would act as interpreters,
explaining the information provided by the lawyer to the person in a
manner the person can understand, and conveying the person’s decision,