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In summary, “capacity” is a specific legal and clinical concept that determines whether a person can make a particular decision at a given time. “Ability” is a broader term that refers to practical competence. For terminally ill patients, using “ability” instead of “capacity” in some discussions may provide a more accurate and compassionate reflection of the individual’s experience and needs. Capacity is not only about understanding and remembering information; it also involves the ability to use or weigh that information as part of the process of reaching a decision. If a person cannot balance the risks, benefits and consequences, or fails to appreciate the gravity of the choice, their decision-making process is impaired.