My husband is in hospital with pneumonia. I asked the nurse on the ward to make sure the pharmacist discusses his medication with me as he foreign know it understand anything about it. I requested this last time he was in the same ward in April and it didn't happen hence the medication he was given to take home was not done correctly. When i.made this request yesterday I was told they would do their best but they can't guarantee they won't talk to him about it because he has capscity. How do they judge he has capacity to discuss his medication. He is extremely confused, told me yesterday that a man had accused him of stealing the bag his toiletries are in, thinks he has to go back to another place before tea. When asked where he had pain he looked to me for the answer. Told me he had been able to stand up out of bed but he can't even get to a sitting position himself, he hadn't been out of bed for the last five days. He mutters to himself while he's asleep. Who makes the decision he has capacity to discuss his health and welfare. When he was in intensive care the doctor was discussing it all with me, I was told that if they felt the need to intubate to support his breathing the outcome may not be good, I informed them then that I have power of attorney in place if it was needed, she was pleased to hear that. Obviously she wasn't convinced he had capacity at that stage. Can anyone tell me how they make this decision? .