6Decision-making capacity

#### 6 Decision-making capacity 6 Decision-making capacity > > (1) For the purposes of this Act, a patient has decision-making capacity in relation to voluntary assisted dying if the patient has the capacity to— > > > > > (a) understand information or advice about a voluntary assisted dying decision required under this Act to be provided to the patient, and > > > > > (b) remember the information or advice referred to in paragraph (a) to the extent necessary to make a voluntary assisted dying decision, and > > > > > (c) understand the matters involved in a voluntary assisted dying decision, and > > > > > (d) understand the effect of a voluntary assisted dying decision, and > > > > > (e) weigh up the factors referred to in paragraphs (a), (c) and (d) for the purposes of making a voluntary assisted dying decision, and > > > > > (f) communicate a voluntary assisted dying decision in some way. > > > (2) For the purposes of this Act, a patient is— > > > > > (a) presumed to have the capacity to understand information or advice about voluntary assisted dying if it reasonably appears the patient is able to understand an explanation of the consequences of making the decision, and > > > > > (b) presumed to have decision-making capacity in relation to voluntary assisted dying unless the patient is shown not to have the capacity. > > > (3) In this section— > > > > voluntary assisted dying decision means— > > > > > (a) a request for access to voluntary assisted dying, or > > > > > (b) a decision to access voluntary assisted dying.