Which of the following options accurately describe the law on incapacity in light of the Mental Capacity Act 2005? Please select all that apply.
A) A person is presumed to be of full capacity unless proven otherwise.
B) Temporary impairments of the mind which prevent a person from making a decision for himself are able to ground a claim for incapacity.
C) A person may be treated as being unable to make a decision if his age and appearance would lead a reasonable person to believe that he lacked mental capacity.
D) A person who lacks the capacity to contract is exempt from paying for necessary goods and services.

Question

Quizplus · Accepted Answer

- A) This is a fundamental principle of the Mental Capacity Act 2005, which presumes capacity unless it is established that the individual lacks capacity.- B) The Act recognizes that capacity can fluctuate and that temporary impairments can affect decision-making ability, thus potentially leading to a determination of incapacity for the duration of the impairment.

Which of the Following Options Accurately Describe the Law on Incapacity