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 an aspect of his behaviour, which might lead others to
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