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: a. unable to understand the information relevant to the decision; b. unable to retain that information; c. unable to use or weigh that information as part of the process of making the decision; or d. unable to communicate the decision. A person who is assessed as not having capacity to make a decision at a particular time should be supported to make this decision at another time. This is because capacity can fluctuate and the person may have capacity at a different time. Supporting a person to make a decision may include trying to communicate with the person in a different way as well as at a different time.