Mental Capacity Act 2008

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4 Persons who lack capacity

5 Inability to make decisions

7 Acts in connection with care or treatment

8 Section 7 acts: limitations

9 Payment for necessary goods and services

10A Interpretation of this Part

10B Establishment of electronic transaction system

10C Requirement to use electronic transaction system

10D Electronic transaction system malfunction, errors and omissions

11 Lasting powers of attorney

12 Appointment of donees

12A Execution of lasting power of attorney

13 Lasting powers of attorney: restrictions

14 Scope of lasting powers of attorney: gifts

15 Revocation of lasting powers of attorney, etc.

15A Rectification by Public Guardian

16 Protection of donees and others if lasting power of attorney not validly created, revoked or suspended, etc.

16A Protection of donees and others if electronic copy of lasting power of attorney has relevant error

17 Powers of court in relation to validity of lasting powers of attorney

18 Powers of court in relation to operation of lasting powers of attorney

19 Power to make declarations

20 Powers to make decisions and appoint deputies: general

21 Powers to make decisions and appoint deputies: minors

22 Section 20 powers: personal welfare

23 Section 20 powers: property and affairs

24 Appointment of deputies

25 Restrictions on deputies

25A Professional deputies

26 Excluded decisions

27 Mental Health (Care and Treatment) Act 2008 matters

31 Functions of Public Guardian

31A Public Guardian may interview donor

32 Powers of investigation by Public Guardian

32A Evidence of transaction with Public Guardian

33 Appointment of auditors

33A Rectification or updating on Public Guardian’s initiative

34 Protection from personal liability

35 Board of Visitors

36 Interim orders and directions

36A Orders of suspension

37 Power to call for reports

38 Applications to court

39 Family Justice Rules

41 Codes of practice

43 Information relating to persons who lack capacity

43A Notification of change of address

43B General exemption

43C Service of documents

44 Jurisdiction of District Court

45 Amendment of Schedules

47 Savings and transitional provisions

Inability to make decisions

5.—(1) For the purposes of section 4, a person is unable to make a decision for himself or herself if the person 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 or her 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 the person is able to understand an explanation of it given to him or her in a way that is appropriate to his or her 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 the person 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.

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