Part 1

Persons who lack capacity

Preliminary

Inability to make decisions
3
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.
S. 3 wholly in force at 1.10.2007; s. 3 not in force at Royal Assent see s. 68(1)-(3); s. 3 in force for certain purposes at 1.4.2007 by S.I. 2007/563, arts. 1(2)(3), 2(2)(c)(3) and s. 3 in force otherwise at 1.10.2007 by S.I. 2007/1897, art. 2(2)(c)
S. 3 applied (temp.) (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (S.I. 2014/2936), regs. 1(5)(6), 8(3)
Pt. 1 applied (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 23.3, 24.6(1)