27Requirements in relation to determination of first request

### 27 Requirements in relation to determination of first request > > (1)  A person’s PMP must not make a determination under [section 26](#GS26@EN) of a first request made by the person unless – > > > > > > (a) the PMP has, after accepting under [section 19(a)](#GS19@Hpa@EN) the first request from the person, met the person, in person or by way of audio-visual link; and > > > > > > > (b) the PMP, having met the person, in person or by way of audio-visual link, is able to determine the decision-making capacity of the person or adopts under [section 12(5)](#GS12@Gs5@EN) the decision of another person in relation to the decision-making capacity of the person. > > > (2)  A person’s PMP – > > > > > > (a) must not determine under [section 26(1)(b)](#GS26@Gs1@Hpb@EN) that the person is not eligible to access voluntary assisted dying, by reason only that the PMP does not have sufficient information to enable the PMP to determine that the person is eligible to access voluntary assisted dying; and > > > > > > > (b) may refuse to determine under [section 26](#GS26@EN) the first request by the person until the PMP has sufficient information to enable the PMP to make the determination; and > > > > > > > (c) must not determine under [section 26(1)(a)](#GS26@Gs1@Hpa@EN) that the person is eligible to access voluntary assisted dying until the PMP has sufficient information to enable the PMP to make the determination. > > > (3)  A person’s PMP must determine under [section 26](#GS26@EN) a first request by the person by determining under [section 26(1)(a)](#GS26@Gs1@Hpa@EN) that the person is eligible to access voluntary assisted dying, if the PMP is satisfied that the person is eligible under [section 10](#GS10@EN) to access voluntary assisted dying. > > > (4)  If a person’s PMP determines under [section 26](#GS26@EN) a first request by the person by determining under [section 26(1)(a)](#GS26@Gs1@Hpa@EN) that the person is eligible to access voluntary assisted dying, the PMP must, if the person consents – > > > > > > (a) provide to a member of the family of the person, if any, the relevant facts in relation to accessing voluntary assisted dying; and > > > > > > > (b) take all reasonable steps to explain to a member of the family of the person, if any, the plan for the person to access voluntary assisted dying including, in particular, the arrangements to be made in relation to the body of the person if the person is intending to obtain a private self-administration certificate and self-administer a VAD substance without the person’s AHP being present.