Lacks capacity definition

Lacks capacity means lacks capacity within the meaning of the Mental Capacity Act 2005.
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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 they are unable to make a decision for themselves 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) when considering whether or not a claimant has capacity to conduct litigation with reference to the above tests.
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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:
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Examples of Lacks capacity in a sentence

  • Lacks capacity means someone unable to make their own decisions because of an illness or disability such as a mental health problem, dementia or a learning disability.

  • Lacks capacity within the meaning of the Mental Capacity Act 2005.

  • Lacks capacity to respond to the risk of harm or to obtain thenecessary medical attention;] Documentation which shows the proposed ward faces a substantial and immediate risk of physical harm or needs immediate medical attention and lacks capacity to respond to the risk of harm or obtain the necessary medical attention.

  • Lacks capacity to respond to the risk of loss; and(b)] Documentation which shows that the proposed ward faces a substantial and immediate risk of financial loss and lacks capacity to respond to the risk of loss.

  • THE COMPLAINT SUFFICIENTLY ALLEGES FIRST UNION’S CAPACITY TO SUE UNDER THE GUARANTIES.Sandberg argues that First Union Lacks capacity to sue on the guaranties.

  • Lacks capacity to consent means an impairment by reason of mental illness, developmental disability, organic brain disorder, physical illness or disability, chronic use of drugs, chronic intoxication, short-term memory loss, or other cause, that causes an elderly person or individual with a disability to lack sufficient understanding or capacity to make or communicate reasonable decisions concerning the elderly person’s or individual with a disability’s person or property.

  • In comparing agency estimates of the burden of a collection to estimates directly provided to OMB by respondents, reviewers will be mindful that the agency estimate is supposed to be an estimate of the average burden multiplied by the number of respondents.

  • Lacks capacity to make informed decisions about treatment; the court shall order the respondent committed to the custody of the direc- tor for an indeterminate period of time not to exceed three (3) years.

  • Lacks capacity to make an informed decision based on an evaluation under Rule 0940-1-6.

  • IMCAs have a statutory role to represent and support the person at risk in relation to these decisions, which must comply with the MCA.4 3.4 Lacks capacity ‘Lacks capacity’ is a term used to describe a person who lacks capacity to make a particular decision or to take a particular action for themselves at the time the decision or action needs to be taken.


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
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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.
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Lacks capacity means the factual demonstration that the individual is unable to:
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Related to Lacks capacity

  • RA Capacity means the maximum megawatt amount that the CAISO recognizes from a Project that qualifies for Buyer’s Resource Adequacy Requirements and is associated with the Project’s Capacity Attributes.

  • 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. For purposes of Section 23.4.5 of this Attachment H, “Offer Floor” for a Mitigated Capacity Zone Installed Capacity Supplier that is not a Special Case Resource shall mean the lesser of (i) a numerical value equal to 75% of the Mitigation Net CONE translated into a seasonally adjusted monthly UCAP value (“Mitigation Net CONE Offer Floor”), or (ii) the numerical value that is the first year value of the Unit Net CONE determined as specified in Section 23.4.5.7, translated into a seasonally adjusted monthly UCAP value using an appropriate class outage rate, (“Unit Net CONE Offer Floor”). The Offer Floor for a Mitigated Capacity Zone Installed Capacity Supplier that is a Special Case Resource shall mean a numerical value determined as specified in Section 23.4.5.7.5. The Offer Floor for Additional CRIS MW shall mean a numerical value determined as specified in Section 23.4.5.7.6. For the purposes of Section 23.4.5 of this Attachment H, “Non-Qualifying Entry Sponsors” shall mean a Transmission Owner, Public Power Entity, or any other entity with a Transmission District in the NYCA, or an agency or instrumentality of New York State or a political subdivision thereof.

  • 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).

  • System Capacity means the operational capacity of the System at any applicable point in time.

  • Nameplate capacity means the maximum electrical generating output (in MWe) that a generator can sustain over a specified period of time when not restricted by seasonal or other deratings as measured in accordance with the United States Department of Energy standards.

  • Nominal Capacity means the volume indicated by the manufacturer that represents the maximum recommended filling level.

  • Project Capacity means the AC capacity of the project at the generating terminal(s) and to be contracted with MSEDCL for supply from the Solar Power Project.

  • Technical Capacity means the maximum firm capacity that the transmission system operator can offer to the network users, taking account of system integrity and the operational requirements of the transmission network;

  • Licensed capacity means the number of children the Department has determined the day care home can care for at any one time in addition to any children living in the home who are under the age of 12 years. Children age 12 and over on the premises are not considered in determining licensed capacity.

  • Additional Capacity means, in relation to the Network, the capability of the Network to carry additional task by an enhancement or improvement of the infrastructure forming part of the Network or Associated Facilities;

  • Design capacity means the volume of a containment feature at a discharging facility that accommodates all permitted flows and meets all Aquifer Protection Permit conditions, including allowances for appropriate peaking and safety factors to ensure sustained, reliable operation.

  • Maximum Capacity or ‘Pmax’ means the maximum continuous active power which a power-generating module can produce, less any demand associated solely with facilitating the operation of that power-generating module and not fed into the network as specified in the connection agreement or as agreed between the relevant system operator and the power-generating facility owner;

  • Reserved Capacity means the maximum amount of capacity and energy that the Transmission Provider agrees to transmit for the Transmission Customer over the Transmission Provider’s Transmission System between the Point(s) of Receipt and the Point(s) of Delivery under Tariff, Part II. Reserved Capacity shall be expressed in terms of whole megawatts on a sixty (60) minute interval (commencing on the clock hour) basis.

  • Storage Capacity means any combination of space, injectability and deliverability.

  • Unforced Capacity shall have the meaning specified in the Reliability Assurance Agreement.

  • Contracted Capacity means the capacity (in MW AC) contracted with MSEDCL for supply by the successful bidder at the Delivery Point from the Solar Power Project.

  • Rated Capacity means the Average Daily Flow for which the Works are approved to handle;

  • Committed Capacity means that portion of the Capacity that is required to meet the Capacity Entitlements of Access Holders;

  • indemnified capacity means any and all past, present and future service by an indemnified representative in one or more capacities as a director, officer, employee or agent of the corporation, or, at the request of the corporation, as a director, officer, employee, agent, fiduciary or trustee of another corporation, partnership, joint venture, trust, employee benefit plan or other entity or enterprise;

  • Local Capacity Area has the meaning set forth in the CAISO Tariff.

  • Available Capacity means the capacity from the Project, expressed in whole megawatts, that is available to generate Product. [For As-Available Product facilities only]

  • Interruptible Capacity means capacity that may be interrupted by the Operator at any time in order to fulfil shippers’ nominations under a firm capacity reservation.

  • Installed Capacity or 'IC’ means the summation of the name plate capacities of all the units of the generating station or the capacity of the generating station (reckoned at the generator terminals), approved by the Commission from time to time;