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Mental capacity

The ability to make specific decisions about health, welfare, property and affairs at a given time.

Where it is believed that a person may not be able to make the specific decision an assessment of their capacity will be required and this must demonstrate that this is caused by an impairment or disturbance in the functioning of the mind or brain.

A lack of capacity cannot be established merely by reference to age, appearance, a condition or an aspect of behaviour.

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