C2Part 1Persons who lack capacity

Annotations:
Modifications etc. (not altering text)

Preliminary

I1C13Inability to make decisions

1

For the purposes of section 2, a person is unable to make a decision for himself if he is unable—

a

to understand the information relevant to the decision,

b

to retain that information,

c

to use or weigh that information as part of the process of making the decision, or

d

to communicate his decision (whether by talking, using sign language or any other means).

2

A person is not to be regarded as unable to understand the information relevant to a decision if he is able to understand an explanation of it given to him in a way that is appropriate to his circumstances (using simple language, visual aids or any other means).

3

The fact that a person is able to retain the information relevant to a decision for a short period only does not prevent him from being regarded as able to make the decision.

4

The information relevant to a decision includes information about the reasonably foreseeable consequences of—

a

deciding one way or another, or

b

failing to make the decision.