http://www.legislation.gov.uk/ukpga/2005/9/section/2/enactedMental Capacity Act 2005Medical and psychiatric treatmentIncapacityKing's Printer of Acts of Parliament2021-08-04 Mental Capacity Act 2005s. 58(4)(ca)Powers of Attorney Act 2023Sch. para. 10s. 3(5)Mental Capacity Act 2005Sch. 1 para. 4APowers of Attorney Act 2023Sch. para. 3s. 3(5)Mental Capacity Act 2005Sch. 1 para. 10A and cross-headingPowers of Attorney Act 2023Sch. para. 6s. 3(5)Mental Capacity Act 2005Sch. 1 para. 13APowers of Attorney Act 2023Sch. para. 7(2)s. 3(5)Mental Capacity Act 2005Sch. 1 para. 16(1A)Powers of Attorney Act 2023Sch. para. 8(b)s. 3(5)Mental Capacity Act 2005s. 4CMental Capacity (Amendment) Act 2019s. 1(3)s. 6(3)Mental Capacity Act 2005s. 21ZA and cross-headingMental Capacity (Amendment) Act 2019s. 3s. 6(3)Mental Capacity Act 2005s. 36(2)(da)Mental Capacity (Amendment) Act 2019Sch. 2 para. 4(4)s. 6(3)Mental Capacity Act 2005s. 42(1A)Mental Capacity (Amendment) Act 2019s. 4(2)s. 6(3)Mental Capacity Act 2005s. 42(2A)(2B)Mental Capacity (Amendment) Act 2019s. 4(3)s. 6(3) Part 1 2 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).