Mental Capacity Act 2005

Question 1

S2 (1)

Answer 1

States a person lacks capacity if he is unable to make a decision for himself because of an impairment of or a disturbance in the functioning of his mind or brain.

Question 2

S3(1)

Answer 2

A person is unable to make a decision for himself if unable to

1. understand the information relevant to the decision
2. retain that information
3. use our way up that information as part of the decision making process
4. communicate his decision