sec.107Decisions and persons with impaired capacity

sec.107 Decisions and persons with impaired capacity

This section applies if— a decision-maker is making a decision under part 5 , 8 , 9 or 10 ; and the decision may affect the rights and interests of an adult with impaired capacity. In making the decision, the decision-maker must take into account— the adult’s right to participate, to the greatest extent practicable, in the decision making process; and that the adult must be given the support and access to information necessary to enable the adult to make a decision as part of, or participate in, the decision making process. In addition, the decision-maker must ensure that, to the greatest extent practicable, the adult’s views, wishes and preferences are sought and taken into account before making the decision. The adult’s views, wishes and preferences may be expressed orally, in writing or in another way, including, for example, by conduct. In this section— capacity see the Guardianship and Administration Act 2000 , schedule 4 . impaired capacity see the Guardianship and Administration Act 2000 , schedule 4 . (sec.107-ssec.1) This section applies if— a decision-maker is making a decision under part 5 , 8 , 9 or 10 ; and the decision may affect the rights and interests of an adult with impaired capacity. (sec.107-ssec.2) In making the decision, the decision-maker must take into account— the adult’s right to participate, to the greatest extent practicable, in the decision making process; and that the adult must be given the support and access to information necessary to enable the adult to make a decision as part of, or participate in, the decision making process. (sec.107-ssec.3) In addition, the decision-maker must ensure that, to the greatest extent practicable, the adult’s views, wishes and preferences are sought and taken into account before making the decision. (sec.107-ssec.4) The adult’s views, wishes and preferences may be expressed orally, in writing or in another way, including, for example, by conduct. (sec.107-ssec.5) In this section— capacity see the Guardianship and Administration Act 2000 , schedule 4 . impaired capacity see the Guardianship and Administration Act 2000 , schedule 4 .

• (a) a decision-maker is making a decision under part 5 , 8 , 9 or 10 ; and
• (b) the decision may affect the rights and interests of an adult with impaired capacity.
• (a) the adult’s right to participate, to the greatest extent practicable, in the decision making process; and
• (b) that the adult must be given the support and access to information necessary to enable the adult to make a decision as part of, or participate in, the decision making process.