Table 4.
Frequency of various impairments cited as giving rise to lack of capacitya.
| Nature of impairment(s)b cited as giving rise to lack of capacity | N | Percent of cases |
|---|---|---|
| Learning disability | 15 | 37.5% |
| Dementia and related disorders | 13 | 32.5% |
| Chronic psychosis (schizophrenia or schizoaffective disorder) | 7 | 17.5% |
| Autism spectrum disorder | 6 | 15% |
| Acquired brain injury | 4 | 10% |
| Personality disorder | 2 | 5% |
| Delirium | 2 | 5% |
| Mood disorder (bipolar disorder with psychosis) | 1 | 2.5% |
| Eating disorder (anorexia nervosa) | 1 | 2.5% |
| Other impairment (ADHD, paedophilia) | 2 | 5% |
a
This refers to impairments cited in all contested cases not merely those for which the judge's final determination was that P lacked capacity.
b
In 30% cases (n = 12) more than one impairment was cited as giving rise to a lack of capacity, while in 70% cases (n = 28) a single relevant impairment was cited.