Skip to content
In force2020 Revised Edition

Part 2 · Persons Who Lack Capacity

5. Inability to make decisions

Feedback & support

In plain English

A person cannot decide if they cannot understand, retain or weigh the relevant information, or communicate their decision. A person who understands a suitable explanation, such as in simple language, is not treated as unable to understand. Retaining information only briefly does not make a person unable to decide. Relevant information includes the likely results of deciding or not deciding.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

(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.

Report

Part 3

Acts in Connection with Care or Treatment

Part 3A

Electronic Transaction System*

Part 4

Lasting Powers of Attorney

Part 5

General Powers of Court and Appointment of Deputies

Part 6

Excluded Decisions and Declaratory Provisions

Part 7

Public Guardian and Board of Visitors

Part 8

Supplementary Powers, Practice and Procedure of Court

Part 9

Miscellaneous

Schedules