PART 1PRINCIPLES
Establishing whether a person has capacity
I1I23Meaning of “lacks capacity”
1
For the purposes of this Act, a person who is 16 or over lacks capacity in relation to a matter if, at the material time, the person is unable to make a decision for himself or herself about the matter (within the meaning given by section 4) because of an impairment of, or a disturbance in the functioning of, the mind or brain.
2
It does not matter—
a
whether the impairment or disturbance is permanent or temporary;
b
what the cause of the impairment or disturbance is.
3
In particular, it does not matter whether the impairment or disturbance is caused by a disorder or disability or otherwise than by a disorder or disability.