If the person cannot:
‘understand the information relevant to the decision’
‘retain that information’
Remember, the person only needs to retain this information long enough to decide
‘use or weigh that information as part of the process of making the decision’
‘communicate his decision’
A person may communicate verbally or non-verbally. So long as he is able to get the information across, he can communicate.
…You might be able to say that he lacks capacity…
(Crown Copyright, 2005)
…But make sure you address the information below first