What are decision-making capacity and impaired decision-making capacity?

Current

(1)

For this Act, a person has decision-making capacity if the person can make decisions in relation to the person’s affairs and understands the nature and effect of the decisions.

(2)

For this Act, a person has impaired decision-making capacity if the person cannot make decisions in relation to the person’s affairs or does not understand the nature or effect of the decisions the person makes in relation to the person’s affairs.

Note 1

A person is not taken to have impaired decision-making capacity only because of certain attributes or behaviours (see s 91).

Note 2

For the criteria to work out if a person understands the nature and effect of making an enduring power of attorney, see s 17.

This Act’s bill:Explanatory statement Second reading speech

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9 What are decision-making capacity and impaired decision-making capacity?