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The concept of mental capacity |
Assessment of Capacity
In order to assess an individual’s capacity a three-part test is required. Professionals must ask themselves:
- Is the person unable to make the decision in question? If so:
- Is there an impairment or disturbance in the functioning of the person’s mind or brain? If so:
- Is the person’s inability to make the decision because of the identified impairment or disturbance?
Section 3(1) states that a person is unable to make a decision for themselves if they are unable:
- to understand the information relevant to the decision; or
- to retain that information; or
- to use or weigh that information as part of the process of making the decision; or to communicate his decision (whether by talking, using sign language or any other means).
Next:
Individuals Lacking Capacity
