to make new substitute decision-makers ('deputies').
new statutory scheme for "lasting" powers of attorney which may extend to personal welfare (including health care) matters
Preliminary, People who lack capacity, Inability to make decisions, Best interests, Acts in connection with care or treatment, Section 5 acts: limitations, Payment for necessary goods and services, Expenditure
Lasting powers of attorney
General powers of the court and appointment of deputies
Powers of the court in relation to lasting powers of attorney
Advance decisions to refuse treatment
Independent mental capacity advocate service
Miscellaneous and supplementary, codes of practice
The Court of Protection
Practice and Procedure
Fees and Costs
The Public Guardian
Court of protection visitors
[3(1)a] to understand the information relevant to the decision
[3(1)b] to retain that information
[3(1)c] to use or weigh that information as part of the process of making the decision, or
[3(1)d] to communicate his decision by any means
[3(2)] will exist if person can understand the information relevant to a decision if it is presented in a way that is appropriate to circumstances
[3(3)] - retaining relevant information for a short period does not negate person being regarded as capable of the decision
S 4(3), (a)whether it is likely that the person will at some time have capacity in relation to the matter in question, and, (b) if it appears likely that he will, when that is likely to be.
S4(6), (a) the person's past and present wishes and feelings (and, in particular, any relevant written statement made by him when he had capacity),, (b) the beliefs and values that would be likely to influence his decision if he had capacity, and, (c) the other factors that he would be likely to consider if he were able to do so.
(a) anyone named by the person as someone to be consulted on the matter in question or on matters of that kind,
(b) anyone engaged in caring for the person or interested in his welfare,
(c) any donee of a lasting power of attorney granted by the person, and
(d) any deputy appointed for the person by the court,
so far as reasonably practicable, permit and encourage the person to participate, or to improve his ability to participate, as fully as possible in any act done for him and any decision affecting him.
Where the determination relates to life-sustaining treatment he must not, in considering whether the treatment is in the best interests of the person concerned, be motivated by a desire to bring about his death.