s 5 Inability to make decisions
5.—(1) For the purposes of section 4, a person is unable to make a decision for himself or herself if the person is unable —(a) to understand the information relevant to the decision; (b) to retain that information; (c) to use or weigh that information as part of the process of making the decision; or (d) to communicate his or her decision (whether by talking, using sign language or any other means). (2) A person is not to be regarded as unable to understand the information relevant to a decision if the person is able to understand an explanation of it given to him or her in a way that is appropriate to his or her circumstances (using simple language, visual aids or any other means). (3) The fact that a person is able to retain the information relevant to a decision for a short period only does not prevent the person from being regarded as able to make the decision. (4) The information relevant to a decision includes information about the reasonably foreseeable consequences of —(a) deciding one way or another; or (b) failing to make the decision.