 In this example, the first claim addresses the issue whether the individual is decisionally capable. The second claim addresses the issue whether the individual should be considered decisionally capable, i.e., whether she ought to be allowed to make her own decisions and have these honored. In many contexts, if a person is thought to have capacity (to factually possess certain relevant mental abilities) the normative implications simply follow as a matter of course. But as the example above reminds us, this is not always the case. In some contexts, for example in courts, the person who determines the facts about ability may not be the same person who issues the normative conclusion.