C2Part 1Persons who lack capacity

Annotations:
Modifications etc. (not altering text)

Preliminary

I1C12People who lack capacity

1

For the purposes of this Act, a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain.

2

It does not matter whether the impairment or disturbance is permanent or temporary.

3

A lack of capacity cannot be established merely by reference to—

a

a person's age or appearance, or

b

a condition of his, or an aspect of his behaviour, which might lead others to make unjustified assumptions about his capacity.

4

In proceedings under this Act or any other enactment, any question whether a person lacks capacity within the meaning of this Act must be decided on the balance of probabilities.

5

No power which a person (“D”) may exercise under this Act—

a

in relation to a person who lacks capacity, or

b

where D reasonably thinks that a person lacks capacity,

is exercisable in relation to a person under 16.

6

Subsection (5) is subject to section 18(3).