ABSTRACT
The definition of incapacity under Section 2 emphasises that it is decisionspecific and that an individual may lack capacity in one matter but not another,
16 T
H E
M EN
TA L
CA PA
CI TY
A CT
2 00
5: P
RI N
CI PL
ES
for example a more complex matter. It is also time-specific. Capacity may fluctuate over time and be lost only temporarily. Section 2(3) emphasises that lack of capacity cannot be implied from a person’s age, appearance, medical condition or behaviour.
