Letters Capacity assessment

Authors’ reply to Waite

BMJ 2014; 348 doi: https://doi.org/10.1136/bmj.g1915 (Published 06 March 2014) Cite this as: BMJ 2014;348:g1915
  1. Pauline Heslop, senior research fellow1,
  2. Antonia Noble, barrister2,
  3. Matthew Hoghton, general practitioner1,
  4. Marcus Jepson, research fellow1,
  5. Anna Marriott, research fellow1
  1. 1Norah Fry Research Centre, School for Policy Studies, University of Bristol, Bristol BS8 1TZ, UK
  2. 2Lower Hampen Cottages, Cheltenham, UK
  1. Pauline.Heslop{at}bristol.ac.uk

Waite correctly states that the test under the Mental Capacity Act 2005 is found in section 2(1) and that it is a single test.1 2

  • 2 People who lack capacity:

    • (1) For the purposes of this act, 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

    • (2) It does not matter …

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