chapter  79
4 Pages

Mental Capacity Act 2005

WithRobert Brown

The test for incapacity is outlined in Sections 2 and 3 of the act. Section 2 states the following:

For the purpose of this Act, a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain.