Section 3(3) provides that a person does not lack capacity if they can 1 Section 29 defines an “adult” as a person who is aged 18 or over. 2 Mental Health (Care and Treatment) (Scotland) Act 2003 (legislation.gov.uk). 3 See section 4. 3 This document relates to the Assisted Dying for Terminally Ill Adults (Scotland) Bill (SP Bill 46A) as amended at Stage 2 be helped to make a decision by the provision of support (for example, via interpretation or provision of a technological aid, such as a screen...