This refers to inability to care about or value issues relevant to the decision and hence inability to seriously consider certain options. This could relate to generalised apathy, or a strong attachment, fear or other emotion which overwhelms ability to value relevant information. With this inability, the subject applies information to themselves but is unable to care about or value relevant issues. Crucially, such an inability is distinct from a person having and applying their own values, perhaps different from the assessor’s.
Inability example quote from court practice:
The compulsion to prevent calories entering her system has become the card that trumps all others
Intact ability example quote from court practice:
[P} [is] acknowledging her prognosis and choosing to give it no weight as against other information within the context of her own values and outlook when making a decision
Link to MCA criteria in court practice:
In court judgments, this rationale is usually linked to the MCA Criterion Use or Weigh and we suggest that this is the most appropriate link.
Link to impairments of mind or brain in court practice:
This rationale was most relevant to court judgments involving subjects with Eating Disorder, although numbers were small.
See here for more discussion of the court practice, and here for more discussion of our recommendations.