PART 2LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS
CHAPTER 2ADDITIONAL SAFEGUARDS FOR SERIOUS INTERVENTIONS
Formal capacity assessments etc
14Section 13: formal capacity assessments and statements of incapacity
(1)
This section supplements section 13.
(2)
A “formal capacity assessment” means an assessment carried out by a suitably qualified person (who may be D if D is suitably qualified) of whether P lacks capacity in relation to the matter in question.
(3)
A “statement of incapacity” means a statement in writing, by the person who carried out the formal capacity assessment (“the assessor”)—
(a)
recording the fact that the assessment was carried out, by whom it was carried out and when;
(b)
certifying that, in the opinion of the assessor, P lacks capacity within the meaning of this Act in relation to the matter in question;
(c)
specifying which of the things mentioned in section 4(1)(a) to (d) P is, in the assessor’s opinion, not able to do in relation to that matter because of an impairment of, or a disturbance in the functioning of, P’s mind or brain; and
(d)
specifying any help or support that has been given to P, without success, to enable P to make a decision in relation to the matter.
(4)
In this section references to a “suitably qualified” person are to a person of a prescribed description.