Capacity and Incapacity

Children under 16 don’t have capacity and parents can make decisions for them.
Anyone 16 and over is presumed by law to have legal capacity - that means they can make their own legally binding decisions.
Some never achieve capacity - parents have to get legal powers to act for young people aged 16 and over.
Others can have capacity then lose it for example by developing dementia.
The law defines “incapacity” by reference to decision making.
Being unable to make, understand, communicate or remember decisions = incapacity.
Incapacity may be obvious but sometimes it may not be.
Where there is doubt as to capacity additional medical evidence may be necessary. Even then if any dispute or doubt the court would make the final decision on capacity.
When someone has no capacity they are called the “incapax” or “adult” in certain contexts.
Where there is incapacity the law allows other parties to make decisions for “adults”.