For the purposes of the Mental Capacity Act 2005, a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself1 in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain2. It does not matter whether the impairment or disturbance is permanent or temporary3. A lack of capacity cannot be established merely by reference to a person's age or appearance, or to a condition of his, or
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234