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Powers of Attorney Act 2006
9What are decision-making capacity and impaired
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9 What are decision-making capacity and impaired
decision-making capacity?
(1) For this Act, a person has decision-making capacity if the person can
make decisions in relation to the person’s affairs and understands the
nature and effect of the decisions.
General overview and important concepts Chapter 2
(2) For this Act, a person has impaired decision-making capacity if the
person cannot make decisions in relation to the person’s affairs or
does not understand the nature or effect of the decisions the person
makes in relation to the person’s affairs.
Note 1 A person is not taken to have impaired decision-making capacity only
because of certain attributes or behaviours (see s 91).
Note 2 For the criteria to work out if a person understands the nature and effect
of making an enduring power of attorney, see s 17.