Common use of Assessing capacity Clause in Contracts

Assessing capacity. A person who lacks capacity means a person who lacks capacity to make a particular decision at the time it needs to be taken. For example, a person may lack capacity to decide where they want to live or they may not be able to decide whether they should sign a Tenancy Agreement. Determining whether a person has capacity to make a specific decision at a particular time is fundamental as it is only when the person lacks capacity that the law permits others to make a decision on their behalf. A person who lacks capacity is one who suffers from an impairment and who is unable to make a decision at the relevant time because of their impairment. A person is unable to make a decision if at the time, they are: