(5) Subject to section 21, no power which a person (“D”) may exercise under this Act—
- (a) in relation to a person who lacks capacity; or
- (b) where D reasonably thinks that a person lacks capacity,
is exercisable in relation to a person below 21 years of age.
Inability to make decisions
5.—(1) For the purposes of section 4, a person is unable to make a decision for himself if he is unable—
- (a) to understand the information relevant to the decision;
- (b) to retain that information;
- (c) to use or weigh that information as part of the process of making the decision; or
- (d) to communicate his decision (whether by talking, using sign language or any other means).
(2) A person is not to be regarded as unable to understand the information relevant to a decision if he is able to understand an explanation of it given to him in a way that is appropriate to his circumstances (using simple language, visual aids or any other means).
(3) The fact that a person is able to retain the information relevant to a decision for a short period only does not prevent him from being regarded as able to make the decision.
(4) The information relevant to a decision includes information about the reasonably foreseeable consequences of—
- (a) deciding one way or another; or
- (b) failing to make the decision.
Best interests
6.—(1) In determining for the purposes of this Act what is in a person’s best interests, the person making the determination must not make it merely on the basis of—
- (a) the person’s age or appearance; or
