12Meaning of decision-making capacity

12 Meaning of decision-making capacity (1) For this Act, an individual has decision-making capacity in relation to voluntary assisted dying if they can— (a) understand the facts that relate to a decision about accessing (b) understand the main choices available to them in relation to the decision; and (c) weigh up the consequences of the main choices; and (d) understand how the consequences affect them; and (e) on the basis of paragraphs (a) to (d), make the decision; and (f) communicate the decision in whatever way they can.

(2) An individual must be assumed to have decision-making capacity in relation to voluntary assisted dying unless it is established that they do not have decision-making capacity in relation to voluntary assisted dying. (3) In deciding whether an individual has decision-making capacity in relation to voluntary assisted dying, the following must be taken into account: (a) an individual’s decision-making capacity is particular to the decision they are to make; (b) an individual is capable of making a decision if they are capable of making the decision with adequate and appropriate support; (c) an individual must not be treated as not having decision-making capacity unless all practicable steps to support them to make decisions have been taken; (d) an individual must not be treated as not having decision-making capacity only because they— (i) make an unwise decision; or (ii) have impaired decision-making capacity under another Act, or in relation to another decision; (e) an individual who moves between having and not having decision‑making capacity must, if practicable, be given the opportunity to consider matters requiring a decision at a time when they have decision-making capacity.