Part 1Persons who lack capacity
Preliminary
I12People 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).