This refers to inability to remember facts or events that are needed to make the decision.
Inability example quote from court practice:
He had no memory of making the two LPAs
Intact ability example quote from court practice:
It was also clear to me that he had retained information given to him at various stages about these matters, including information imparted during the sex education sessions he has attended
Link to MCA criteria in court practice:
In court judgments, this rationale is most commonly linked to the MCA Criteria Understand and Retain. We suggest that you link it to Retain as the links to Understand tend to be artefactual – see more here and here.
Link to impairments of mind or brain in court practice:
This rationale was most relevant to court judgments involving subjects with Dementia.
See here for more discussion of the court practice, and here for more discussion of our recommendations.