12Limits on finding of impaired decision-making ability

12 Limits on finding of impaired decision-making ability

[Section 12 Repealed by No. 18 of 2021, s. 119, Applied:05 Nov 2021]

(1)  For the purposes of this Act, a person’s decision-making ability in respect of a decision is not to be assessed as impaired merely because –

(a) the person is not able to understand matters of a technical or trivial nature; or

(b) the person does not have a particular level of literacy or education; or

(c) the person can only retain information relevant to the decision for a limited time; or

(d) the person has decision-making ability to make some decisions and not others; or

(e) a decision made by the person results, or may result, in an adverse outcome for the person; or

(f) a decision made by the person is unwise in the opinion of other persons; or

(g) the person makes a decision because –

(i) of current or past cultural or religious practices or beliefs; or

(ii) of a failure or refusal to adhere to particular cultural or religious practices or beliefs; or

(h) subject to section 11(3) , of the age of the person; or

(i) of the person’s appearance; or

(j) the person is perceived to be eccentric; or

(k) the person has engaged in illegal or immoral conduct; or

(l) of the person’s current or past expression of, or failure or refusal to express, a particular gender identity, gender expression or sexual orientation; or

(m) the person has a disability, illness or other medical condition (whether physical or mental).

(2)  A person is not to be assessed under this Act as having impaired decision-making ability in respect of a decision unless reasonable steps have been taken to provide that person with access to the practicable and appropriate support needed to make and communicate the decision.