A social worker has seen Dad this morning and deemed him to be without capacity. She said he can make straight forward decisions, as in which sandwich to choose for lunch, and which paper he'd prefer to read, but she apparently asked him how long he's been in hospital and what he's there for, and he couldn't answer. Well, no, he's been in for 5 weeks now and for anyone you'd lose track of day of the week and how long it's been, but given he has short term memory problems, he can't remember why he's been kept there. I spoke to Dad yesterday about withdrawing cash to pay for a workman at his home. He agreed and asked me all about it, and he seemed very clear of the decision and not muddled. He might not remember that conversation this evening, but he knew the decision he was making yesterday. So how is it judged?