http://www.legislation.gov.uk/ukpga/2005/9/section/3/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 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.