Australian Capital Territory Current Acts

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MENTAL HEALTH ACT 2015 - SECT 7

Meaning of decision-making capacity

For this Act, a person has capacity to make a decision in relation to the person's treatment, care or support for a mental disorder or mental illness ( decision-making capacity ) if the person can, with assistance if needed—

        (a)     understand when a decision about treatment, care or support for the person needs to be made; and

        (b)     understand the facts that relate to the decision; and

        (c)     understand the main choices available to the person in relation to the decision; and

        (d)     weigh up the consequences of the main choices; and

        (e)     understand how the consequences affect the person; and

        (f)     on the basis of paragraphs (a) to (e), make the decision; and

        (g)     communicate the decision in whatever way the person can.



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