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England and Wales Court of Protection Decisions
You are here: BAILII >> Databases >> England and Wales Court of Protection Decisions >> SB (A Patient; Capacity To Consent To Termination), Re  EWCOP 1417 (21 May 2013)
Cite as:  EWHC 1417 (COP),  EWCOP 1417
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B e f o r e :
|(A patient; capacity to consent to termination)|
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MR M. HORNE appeared on behalf of the patient
MR S. CHAWATAMA appeared on behalf of the Second Respondent, being the patient's husband
Crown Copyright ©
MR JUSTICE HOLMAN:
Section 1 provides as follows:
"1 (1) ....
(2) A person must be assumed to have capacity unless it is established that he lacks capacity.
(4) A person is not to be treated as unable to make a decision merely because he makes an unwise decision.
Section 2 provides as follows:
"2(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 whether the impairment or disturbance is permanent or temporary.
(4) In proceedings under this Act or any other enactment, any question whether a person lacks capacity within the meaning of this Act must be decided on the balance of probabilities.
Section 3 provides as follows:
"3 (1) For the purposes of section 2, a person is unable to make a decision for himself if he is unable
(a) to understand the information relevant to the decision.
(c) to use or weigh that information as part of the process of making the decision, or
(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."