Capacity to make decisions is at the very basis of our human rights. Declaring people incapable of doing so, removes this fundamental right and diminishes their personhood. Capacity is determined by cognitive ability to understand and appreciate contexts and decisions, not the actual outcomes of the choices made. Our hospital was challenged with the issue of capacity assessment for onfused hospitalised patients and we identified that there was no process for assessing their ability to make medical, independent living or financial decisions. Vulnerable patients were hospitalized longer than necessary awaiting unnecessary capacity assessments and guardianship hearings.