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Abstract Legal functional capacity refers to the ability to make decisions having financial and legal competence. In neuropsychiatric disorders a somatic or developmental brain damage causes psychological, behavioral and cognitive symptoms that lessen the capacity required for legal competence. Such disease groups include memory disorders, brain injuries and disturbances of the cerebral circulation as well as severe mental disorders causing prolonged psychotic symptoms (Duodecim. 2013). Mental capacity is variously defined, but the proposed England and Wales legislation2 suggests that a patient does not have capacity if there is ―an impairment of or disturbance in the functioning of brain or mind‖ that causes difficulty in decision making because the individual: (1) is unable to understand information relevant to the decision; (2) cannot retain the relevant information; (3) is unable to use this information as part of the decision-making process; or (4) cannot communicate the decision (Draft Mental Incapacity Bill. CN5859-1. 2003). Identified issues for balck, Asian & minority ethnic groups in the delivery of medical care. A survey of medical consultant was conducted across. England & wales. 80-90% of consultant varying areas of specialization considered cultural factors in assessing decision making capacity & 80% considered religion belief (Shah et al .,2009). However, as a Muslim community, we need to recognize mental illness as a legitimate medical condition. |