Virginia legal term
Incapable of making an informed decision in Virginia Criminal Law
Current through 2026 Virginia legislative session
In Virginia criminal law, “Incapable of making an informed decision” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the Virginia criminal code.
What does “Incapable of making an informed decision” mean in Virginia criminal law?
"Incapable of making an informed decision" means unable to understand the nature, extent, or probable consequences of a proposed treatment or unable to make a rational evaluation of the risks and benefits of the proposed treatment as compared with the risks and benefits of alternatives to the treatment. (Va. Code Ann. § 16.1-336)
Statutes defining or using this term
Related terms in the same statutes
This reference is informational and is not legal advice.