This refers to inability to imagine or abstract, including difficulty considering relevant factors, including options, which are not concretely present or familiar.
Inability example quote from court practice:
She struggles with abstract thought such as picturing herself in a different setting
Intact ability example quote from court practice:
He understands that there is a choice between home or an institution and living with his family and he prefers the latter
Link to MCA criteria in court practice:
In court judgments, this rationale is most commonly linked to the MCA Criterion Use or Weigh. It was also commonly linked to the MCA Criterion Understand but we suggest that you link it to Use or Weigh. See here for why.
Link to impairments of mind or brain in court practice:
This rationale was most relevant to court judgments involving subjects with Autism Spectrum Disorder or Learning Disability.
See here for more discussion of the court practice, and here for more discussion of our recommendations.