The appropriate test for capability to make an Advance Planning document is set out in the relevant legislation. The statutory tests for incapability in each statute are summarized below. In many cases, Advance Planning Documents will specify what is required to determine incapability in order to bypass a court process.

As mentioned above, an adult is presumed to have capacity, unless proven otherwise. According to s 11 of the ''Power of Attorney Act'', RSBC 1996, c 370 [PAA], an adult is presumed capable of making decisions about financial affairs and understanding the nature and consequences of making, changing, or revoking an Enduring Power of Attorney (EPOA).