56Requirements in relation to determination of final request

### 56 Requirements in relation to determination of final request > > (1)  A determination under [section 55](#GS55@EN) of a final request made by a person must not be made by the person’s PMP unless – > > > > > > (a) the PMP, after receiving the final request, has 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 55(b)](#GS55@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 make a determination under [section 55](#GS55@EN) in relation to the person until the PMP has sufficient information to enable the PMP to make the determination; and > > > > > > > (c) must not determine under [section 55(a)](#GS55@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 55](#GS55@EN) a final request by the person by determining under [section 55(a)](#GS55@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.