Lacks capacity definition

Lacks capacity means lacks capacity within the meaning of the Mental Capacity Act 2005.
View Source
Lacks capacity means lacks capacity within the meaning of the Mental Capacity Act 2005. That Act supplies the meaning by enacting, in section 2(1), that 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. Reference should be made to the specific provisions of sections 1, 2 and 3 of the Act which relate to that definition; and judicial assistance is found in the decision in V v R [2001] EWHC 822 (QB)
View Source
Lacks capacity means the factual demonstration, as determined by the assessment process in DMHDD rules on capacity to make informed decisions, that the individual is unable to understand:
View Source

Examples of Lacks capacity in a sentence

  • When a person lives in a care home or hospital and the person:  Lacks capacity to consent to the arrangements in place regarding their care and/or treatment  And is not free to leave should they choose to  And those treating or looking after the person are exercising complete and effective control over their care and movements That person is then considered to be Deprived of their Liberty.


More Definitions of Lacks capacity

Lacks capacity means lacks capacity within the meaning of the 2005 Act;] “organisation” means a body corporate or any unincorporated association other than a
View Source
Lacks capacity means that a patient or resident is not able to give informed consent for psychotropic medication and has not had a guardian granted that authority.
View Source
Lacks capacity means the factual demonstration that the individual is unable to:
View Source

Related to Lacks capacity

  • New Capacity means a new Generator, a substantial addition to the capacity of an existing Generator, or the reactivation of all or a portion of a Generator that has been out of service for five years or more that commences commercial service after the effective date of this definition.

  • Idle capacity means the unused capacity of partially used facilities. It is the difference between (a) that which a facility could achieve under 100 percent operating time on a one-shift basis less operating interruptions resulting from time lost for repairs, setups, unsatisfactory materials, and other normal delays and (b) the extent to which the facility was actually used to meet demands during the accounting period. A multi-shift basis should be used if-it can be shown that this amount of usage would normally be expected for the type of facility involved.

  • Excess capacity means volume or capacity in a duct, conduit, or support structure other than a utility pole or anchor which can be used, pursuant to the orders and regulations of the Commission, for a pole attachment.

  • Bid Capacity meanss capacity offered by the bidder in his Bid under invitation.

  • Contract Capacity has the meaning set forth in Section 3.1(f).