South Australian Current Acts South Australian Current Acts7—Impaired decision-making capacity
(1) For the purposes
of this Act, a person will be taken to have impaired decision-making capacity
in respect of a particular decision if—
(a) the
person is not capable of—
(i)
understanding any information that may be relevant to the
decision (including information relating to the consequences of making a
particular decision); or
(ii)
retaining such information; or
(iii)
using such information in the course of making the
decision; or
(iv)
communicating their decision in any manner; or
(b) the
person has satisfied any requirement in an advance care directive given by the
person that sets out when the person is to be considered to have
impaired decision-making capacity (however described) in respect of a decision
of the relevant kind.
(2) For the purposes
of this Act—
(a) a
person will not be taken to be incapable of understanding information merely
because the person is not able to understand matters of a technical or trivial
nature; and
(b) a
person will not be taken to be incapable of retaining information merely
because the person can only retain the information for a limited time; and
(c) a
person may fluctuate between having impaired decision-making capacity and full
decision-making capacity; and
(d) a
person's decision-making capacity will not be taken to be impaired merely
because a decision made by the person results, or may result, in an adverse
outcome for the person.