GUARDIANSHIP OF ADULTS ACT 2016 (NO 15 OF 2016) - SECT 5 Meaning of decision-making capacity and impaired decision-making capacity

GUARDIANSHIP OF ADULTS ACT 2016 (NO 15 OF 2016) - SECT 5

    (1)     An adult has decision-making capacity if the adult has the capacity to:

    (a)     understand and retain information about the adult's personal matters and financial matters; and

    (b)     weigh the information in order to make reasoned and informed decisions about those matters; and

    (c)     communicate those decisions in some way.

    (2)     An adult is presumed to have decision-making capacity until the contrary is shown.

    (3)     An adult has impaired decision-making capacity if the adult's decision-making capacity is impaired.

    (4)     An adult's decision-making capacity may be impaired even if:

    (a)     the impairment is episodic and from time to time the adult's decision-making capacity is not impaired; or

    (b)     the adult's decision-making capacity for some personal matters or financial matters is not impaired; or

    (c)     the extent of impairment varies from time to time or depending on circumstances.

    (5)     The cause of the impairment of an adult's decision-making capacity is immaterial.

    (6)     An adult does not have impaired decision-making capacity only because the adult:

    (a)     has a disability, illness or other medical condition (whether physical or mental); or

    (b)     engages in unconventional behaviour or other forms of personal expression; or

    (c)     chooses a living environment or lifestyle with which other people do not agree; or

    (d)     makes decisions with which other people do not agree; or

    (e)     does not speak English to a particular standard or at all; or

    (f)     does not have a particular level of literacy or education; or

    (g)     engages in particular cultural or religious practices; or

    (h)     does or does not express a particular religious, political or moral opinion; or

        (i)     is of a particular sexual orientation or gender identity or expresses particular sexual preferences; or

    (j)     takes or has taken, or is or has been dependent on, alcohol or drugs (but the effect of alcohol or drugs may be taken into account); or

    (k)     engages or has engaged in illegal or immoral conduct.