Formal capacity assessments etc
Formal assessment of capacity
13.—(1) This section applies where—
(a)section 9(1)(a) and (b) apply; and
(b)the act mentioned there is, or is part of, a serious intervention (see section 63).
(2) Where this section applies—
(a)the condition in section 9(1)(c) is to be regarded as met only if, before the act is done, a formal capacity assessment is carried out; and
(b)a belief by D, at the time the act is done, that P lacks capacity in relation to the matter in question is not to be regarded as a reasonable belief if no statement of incapacity has been made.
(3) The formal capacity assessment must have been carried out, and the statement of incapacity made, recently enough before the act is done for it to be reasonable in all the circumstances to rely on them.
(4) This section does not apply where the situation is an emergency (see section 65).
(5) See section 14 for the meaning of “formal capacity assessment” and “statement of incapacity”.
Section 13: formal capacity assessments and statements of incapacity
14.—(1) This section supplements section 13.
(2) A “formal capacity assessment” means an assessment carried out by a suitably qualified person (who may be D if D is suitably qualified) of whether P lacks capacity in relation to the matter in question.
(3) A “statement of incapacity” means a statement in writing, by the person who carried out the formal capacity assessment (“the assessor”)—
(a)recording the fact that the assessment was carried out, by whom it was carried out and when;
(b)certifying that, in the opinion of the assessor, P lacks capacity within the meaning of this Act in relation to the matter in question;
(c)specifying which of the things mentioned in section 4(1)(a) to (d) P is, in the assessor’s opinion, not able to do in relation to that matter because of an impairment of, or a disturbance in the functioning of, P’s mind or brain; and
(d)specifying any help or support that has been given to P, without success, to enable P to make a decision in relation to the matter.
(4) In this section references to a “suitably qualified” person are to a person of a prescribed description.