sec.11Decision-making capacity

### sec.11 Decision-making capacity A person has decision-making capacity in relation to voluntary assisted dying if the person is capable of— understanding the nature and effect of decisions about access to voluntary assisted dying; and freely and voluntarily making decisions about access to voluntary assisted dying; and communicating decisions about access to voluntary assisted dying in some way. A person is presumed to have decision-making capacity in relation to voluntary assisted dying unless there is evidence to the contrary. In determining whether or not a person has decision-making capacity in relation to voluntary assisted dying, regard must be had to the following— a person may have decision-making capacity to make some decisions but not others; capacity can change or fluctuate and a person may temporarily lose capacity and later regain it; it should not be presumed that a person does not have decision-making capacity— because of a personal characteristic such as, for example, age, appearance or language skills; or because the person has a disability or an illness; or because the person makes a decision with which other people may not agree; a person is capable of doing a thing mentioned in subsection (1) (a) , (b) or (c) if the person is capable of doing the thing with adequate and appropriate support. giving a person information that is tailored to their needs giving information to a person in a way that is tailored to their needs communicating, or assisting a person to communicate, the person’s decision giving a person additional time and discussing the matter with the person using technology that alleviates the effects of a person’s disability (sec.11-ssec.1) A person has decision-making capacity in relation to voluntary assisted dying if the person is capable of— understanding the nature and effect of decisions about access to voluntary assisted dying; and freely and voluntarily making decisions about access to voluntary assisted dying; and communicating decisions about access to voluntary assisted dying in some way. (sec.11-ssec.2) A person is presumed to have decision-making capacity in relation to voluntary assisted dying unless there is evidence to the contrary. (sec.11-ssec.3) In determining whether or not a person has decision-making capacity in relation to voluntary assisted dying, regard must be had to the following— a person may have decision-making capacity to make some decisions but not others; capacity can change or fluctuate and a person may temporarily lose capacity and later regain it; it should not be presumed that a person does not have decision-making capacity— because of a personal characteristic such as, for example, age, appearance or language skills; or because the person has a disability or an illness; or because the person makes a decision with which other people may not agree; a person is capable of doing a thing mentioned in subsection (1) (a) , (b) or (c) if the person is capable of doing the thing with adequate and appropriate support. giving a person information that is tailored to their needs giving information to a person in a way that is tailored to their needs communicating, or assisting a person to communicate, the person’s decision giving a person additional time and discussing the matter with the person using technology that alleviates the effects of a person’s disability - (a) understanding the nature and effect of decisions about access to voluntary assisted dying; and - (b) freely and voluntarily making decisions about access to voluntary assisted dying; and - (c) communicating decisions about access to voluntary assisted dying in some way. - (a) a person may have decision-making capacity to make some decisions but not others; - (b) capacity can change or fluctuate and a person may temporarily lose capacity and later regain it; - (c) it should not be presumed that a person does not have decision-making capacity— (i) because of a personal characteristic such as, for example, age, appearance or language skills; or (ii) because the person has a disability or an illness; or (iii) because the person makes a decision with which other people may not agree; - (i) because of a personal characteristic such as, for example, age, appearance or language skills; or - (ii) because the person has a disability or an illness; or - (iii) because the person makes a decision with which other people may not agree; - (d) a person is capable of doing a thing mentioned in subsection (1) (a) , (b) or (c) if the person is capable of doing the thing with adequate and appropriate support. Examples of support— • giving a person information that is tailored to their needs • giving information to a person in a way that is tailored to their needs • communicating, or assisting a person to communicate, the person’s decision • giving a person additional time and discussing the matter with the person • using technology that alleviates the effects of a person’s disability - • giving a person information that is tailored to their needs - • giving information to a person in a way that is tailored to their needs - • communicating, or assisting a person to communicate, the person’s decision - • giving a person additional time and discussing the matter with the person - • using technology that alleviates the effects of a person’s disability - (i) because of a personal characteristic such as, for example, age, appearance or language skills; or - (ii) because the person has a disability or an illness; or - (iii) because the person makes a decision with which other people may not agree; - • giving a person information that is tailored to their needs - • giving information to a person in a way that is tailored to their needs - • communicating, or assisting a person to communicate, the person’s decision - • giving a person additional time and discussing the matter with the person - • using technology that alleviates the effects of a person’s disability