This refers to expression of different or contradictory preferences at different times such that it is difficult to ascertain or to carry out the choice.
Inability example quote from court practice:
[P}’s more recent views about sterilisation have [not] shown any greater reliability, oscillating between being vehemently opposed to it, to requesting it immediately (and being distressed when this could not be arranged), before reverting to opposition.
Intact ability example quote from court practice:
[P} understands her preferences clearly and has maintained her position consistently over the three conversations she has had with him, namely that she is prepared to continue to live where she is now
Link to MCA criteria in court practice:
In court judgments, this rationale is most commonly linked to the MCA Criteria Use or Weigh and Communicate. We suggest that you link it to Communicate in cases when the underlying reasons for the vacillation is unclear; when there is an explanation, we suggest using the Use or Weigh criterion. See here for an explanation.
Link to impairments of mind or brain in court practice:
No clear pattern in link, most likely due to low number of instances.
See here for more discussion of the court practice, and here for more discussion of our recommendations.