This form is an official State of New York Family Court sample form, a detailed Order Dismissing Petition for Lack of Capacity. Available for download in Wordperfect, and Adobe pdf formats.
New York Order Dismissing Petition For Lack of Capacity
State:
New York
Control #:
NY-3-23
Format:
Word;
PDF;
Rich Text
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FAQ
If someone lacks the capacity to make a decision and the decision needs to be made for them, the MCA states the decision must be made in their best interests. The MCA sets out a checklist to consider when deciding what's in a person's best interests.
People can also lack capacity if they are unable to communicate in any way; for example, if they're in a coma or if they have severe brain damage.In this case, it may be necessary for someone else, such as an advocate or a Judge to make decisions for them by making a court order.
What is capacity? Capacity means the ability to use and understand information to make a decision, and communicate any decision made. A person lacks capacity if their mind is impaired or disturbed in some way, which means they're unable to make a decision at that time.
Within the context of the Mental Capacity Act 2005, mental capacity means the ability to make a decision. A person's capacity to make a decision can be affected by a range of factors such as a stroke, dementia, a learning disability or a mental illness. People with a mental illness do not necessarily lack capacity.
A person lacks capacity if their mind is impaired or disturbed in some way, which means they're unable to make a decision at that time. Examples of how a person's brain or mind may be impaired include: mental health conditions such as schizophrenia or bipolar disorder. dementia. severe learning disabilities.
A deputy is a person the Court of Protection appoints to make decisions for you once you have lost capacity to make them yourself. A deputy usually makes decisions about finances and property. The court can appoint a deputy to take healthcare and personal care decisions, though this is relatively rare.
Who assesses mental capacity? Normally, the person who is involved with the particular decision which needs to be made is the one who would assess mental capacity. If the decision is a complex one then a professional opinion might be necessary, for example the opinion of a psychiatrist, psychologist, social worker etc.
Someone lacking capacity - because of an illness or disability such as a mental health problem, dementia or a learning disability - cannot do one or more of the following four things: Understand information given to them about a particular decision. Retain that information long enough to be able to make the decision.
If someone lacks the capacity to make a decision and the decision needs to be made for them, the MCA states the decision must be made in their best interests. The MCA sets out a checklist to consider when deciding what's in a person's best interests.