12Limits on finding of impaired decision-making ability

### 12 Limits on finding of impaired decision-making ability > [*\[Section 12 Repealed by No. 18 of 2021, s. 119, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS119@EN) > > > (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)](#GS11@Gs3@EN) , 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.